In our practice, refugee claims are never just files on a desk. They are interviews with individuals who have escaped circumstances that most of us can not even think of: persecution, threats, violence and the fear of going back to it all.
When a person approaches us in seeking refugee protection in Canada, they are most likely to be overwhelmed. They have been informed that Canada is compassionate, only to realize that the process is bureaucratic, juridical, and mightily unforgiving of errors. Deadlines are short. Forms are complex. And it all depends on the clearness with which their story is told at the very outset.
The Canadian refugee system is supposed to protect individuals who are actually incapable of returning to their nation in a secure way. In order to enjoy that protection, however, you must not only state what has happened to you, but present your experiences in a manner which will meet the legal demands of the Immigration and Refugee Board of Canada.
This is what we want every potential claimant to understand before starting the process: how it works, what the decision-makers are looking for, and how careful preparation can make all the difference.
A refugee claim is not simply saying, “I’m afraid to go back.”
According to Canadian law, you have to demonstrate that, should you go back to your country, you will be persecuted due to your identity, your beliefs, or the group to which you belong, or that you are in danger of torture, have a threat to your life, or cruel treatment.
The Immigration and Refugee Board of Canada reviews your personal narrative in addition to the situation in your country, and will determine your case.
Here is where most folks misinterpret the process: it is not merely what happened to you. It has to do with the clarity and consistency of how you explain, document and legally present your story.
You can make a refugee claim when you arrive at a Canadian airport or border, or after you are already inside Canada, by applying through Immigration, Refugees and Citizenship Canada (IRCC).
At this point, officers decide if you are eligible to make a claim. If you are, your case is sent to the Refugee Protection Division of the IRB for a hearing.
This part happens quickly. Many people are still in shock from their journey when they are asked to begin a formal legal process.
We tell every client the same thing: your entire case lives and dies on this document.
You have only 15 days to submit your Basis of Claim form after your file is referred. In this form, you must explain in detail:
Later at the hearing, the IRB member will compare your testimony to what you wrote here. Even small inconsistencies can raise doubts.
This is why careful preparation matters so much at this stage.
After the BOC is submitted, there is a waiting period before your hearing date. This is when we gather the evidence that supports your story:
You can also apply for a work permit and receive healthcare coverage during this time.
But most importantly, this is when you prepare to tell your story clearly and confidently at the hearing.
The hearing is where everything comes together.
An IRB decision-maker will question you extensively regarding your experiences, your fears and your evidence. They are conditioned to seek credibility and consistency.
This section is emotionally challenging to many claimants as they are forced to recall traumatic experiences and respond accurately to questions about these occurrences. This is, however, your chance to prove that you fit the Canadian definition of a refugee in terms of the law.
If your claim is accepted, you become a “Protected Person”. This allows you to apply for permanent residence and eventually bring your family to safety.
If your claim is refused, this is not necessarily the end. There may be options such as an appeal, a risk assessment, or other humanitarian applications, depending on your situation.
In our experience, many refusals happen because:
This is why refugee law is as much about preparation as it is about personal history.
One of the most delicate and complicated aspects of immigration legislation is refugee claims. Cases like these cannot be solved by forms alone, but need strategy, preparation and knowledge of how the IRB measures credibility and risk.
Being professionals who represent claimants on a regular basis in front of the IRB, we are fully aware of how to present a case in a way that makes your story not only heard but also comprehended within the legal context that Canada employs to provide protection.
One of the most crucial and sensitive decisions a person can make is to claim refugee status. The process is designed to provide protection, but going through it alone may seem daunting.
At Kurzfeld Law Firm, we collaborate directly with refugee claimants to make solid, comprehensive cases at the earliest opportunity, from the drafting of the Basis of Claim to ultimately accompanying the clients at their hearings and helping them to appeal when necessary.
Should you or your loved one be thinking about a refugee claim in Canada, professional legal advice can prove to be valuable and worthwhile to the process and the outcome.
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