Fillable Immigration and Refugee Board of Canada - Basis of Claim Form

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Immigration and Refugee Board of Canada - Basis of Claim Form

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Client I.D. Number
Claimant's first name(s) and family name(s)
PROTECTED WHEN COMPLETED
RPD file number (for IRB office use)
Basis of Claim Form
(for persons claiming refugee protection in Canada)
ANSWER ALL THE QUESTIONS ON THIS FORM.
- If you are making your claim at an immigration office inside Canada, complete this form and bring the completed form
and one copy with you to give to the Officer who will decide if your claim is eligible.
- If you made your claim on arrival at a port of entry into Canada, complete this form and provide the completed form and
one copy to the Immigration and Refugee Board of Canada (IRB). You must make sure that the IRB receives the completed
form not later than 15 calendar days after the day that the Officer refers your claim to the Refugee Protection Division.
- Make sure that you make a copy of the completed form for yourself.
If the Officer or the IRB, as the case may be, has not received your completed Basis of Claim Form (BOC Form) by the dates
mentioned above, the IRB will have a special hearing and may decide to declare your claim abandoned which means you would
not be allowed to continue with your claim.
IMPORTANT NOTICE REGARDING COUNSEL AND DOCUMENTS THAT MAY SUPPORT YOUR CLAIM
You have a right to be represented by counsel at your own expense, but the counsel you choose must be available on the date
fixed for the hearing.
You are responsible for obtaining and providing to the IRB any documents that may support your claim. Please see the
appendix at the end of this form for details on providing documents to the IRB.
INSTRUCTIONS FOR COMPLETING THIS FORM
IMPORTANT: You can find instructions to help you complete your BOC Form both in the
appendix at the end of this form and in the Claimant's Guide in your Claimant's Kit. Please read
these instructions carefully. Before giving your original BOC Form to the IRB, remove the
appendix. If you have written additional information on other sheets of paper, please provide
those sheets of paper with your BOC Form.
PLEASE COMPLETE LEGIBLY. Print or type the details about your claim in the spaces provided
below. If you need more space, use additional sheets of paper the same size as this form. On
each additional sheet, write your name and Client I.D. Number (and IRB file number, if known)
in the top right-hand corner, and write the page number at the bottom. Also, indicate which
question you are answering on the additional sheet, and number the lines.
WARNING: It is a serious offence to provide false or misleading information. Your claim
may also be rejected - and any favourable decision, if already given, revoked, if you give
information that is not true or is misleading, or if you try to hide important information.
Date Stamp (for IRB office use)
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 1 of 10
WHO YOU ARE
1a)
Given or first name(s)
1b)
Family or last name(s) / surname(s)
1c)
Date of birth (year/month/day)
1d)
Indicate what sex is identified on your passport
Male Female
Other
If you do not identify with the sex/gender on your passport, you may self-identify your sex/gender:
1e)
Nationality, ethnic and racial group or tribe
1f)
Religion and denomination or sect
1g)
List all languages and dialects you speak
WHY YOU ARE CLAIMING REFUGEE PROTECTION
When you answer the questions in this section, please explain everything in order, starting with the oldest information and ending with the newest. INCLUDE
EVERYTHING THAT IS IMPORTANT FOR YOUR CLAIM. INCLUDE DATES, NAMES AND PLACES WHEREVER POSSIBLE.
If the information one of your accompanying family members wrote in this part of their BOC Form applies to you, you do not need to repeat that information here.
Simply write the name and file number of the family member and explain that your refugee protection claim is based on the same information.
Attach two copies of any documents you have to support your claim, such as travel documents (including your passport) and identity, medical, psychological
or police documents. Include certified translations in English or French for all documents in a language other than English or French. You must pay for these
translations yourself. If you get more travel or identity documents after submitting your BOC Form, give two copies to the IRB without delay. A copy of any other
document in support of your claim that you get after submitting your BOC Form must be received by the IRB and by the Minister, if the Minister is a party, at least 10
days before your hearing. Please read the appendix at the end of this form for details on providing documents to the IRB.
Have you or your family ever been harmed, mistreated or threatened by any person or group?
Yes No
If “YES” explain in detail:
What happened to you and your family.
When the harm or mistreatment or threats occurred;
Who do you think caused the harm or mistreatment or threats;
What do you think was the reason for the harm or mistreatment or threats that occurred;
Whether persons in situations similar to yours experienced such harm, mistreatment or threats.
(Indicate dates, names and places, wherever possible.)
...if you need more space, use additional sheets of paper the same size as this form.
2(a)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 2 of 10
2(b)
If you returned to your country, do you believe you would be harmed, mistreated or threatened by any person or group?
Yes No
If “YES” explain in detail:
What would happen to you?
Who would harm, mistreat or threaten you?
What do you think is the reason you would be harmed, mistreated or threatened?
(Indicate dates, names and places, wherever possible.)
...if you need more space, use additional sheets of paper the same size as this form.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
2(c)
Did you ask any authorities such as the police, or any other organization, in your country to protect or assist you?
Yes No
If “NO” explain in detail why not.
If “YES” explain in detail:
Whom you approached for help;
What steps you took; and
What happened as a result.
(Indicate dates, names and places, wherever possible.)
...if you need more space, use additional sheets of paper the same size as this form.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 3 of 10
2(d)
Did you move to another part of your country to seek safety?
Yes No
If “NO” explain in detail why not:
If “YES” explain in detail:
Why you left the place that you moved to; and
Why you could not live there, or some other place in another part of your country, today.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
...if you need more space, use additional sheets of paper the same size as this form.
2(e)
When did you leave your country? (Provide dates)
1.
2.
2(f)
Why did you leave at that time and not sooner, or at a later time?
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
...if you need more space, use additional sheets of paper the same size as this form.
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 4 of 10
Did you move to another country (other than Canada) to seek safety?
Yes No
If “YES” explain in detail:
Name of country;
When you moved to that country;
How long you stayed there;
Whether you claimed refugee protection in that country and, if not, why not.
...if you need more space, use additional sheets of paper the same size as this form.
2(g)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Give any other details that you think are important for your claim for refugee protection.
...if you need more space, use additional sheets of paper the same size as this form.
2(h)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 5 of 10
2(i)
Are children who are less than 18 years old claiming refugee protection with you?
Yes No
If “YES”, check the correct box below and answer the question(s) that follow:
You are the child’s parent and the other parent is in Canada.
You are not the child’s parent:
You are the child’s parent but the other parent is not in Canada:
If you are not the child’s parent, do you have any legal documents or written consent allowing you to take care of the child or travel with the child?
If yes, what document(s) do you have? If not, why not?
If you are the child’s parent but the other parent is not in Canada, do you have any legal documents or written consent allowing you to take care of the child or
travel with the child? If yes, what document(s) do you have? If not, why not?
1.
2.
3.
4.
5.
6.
1.
2.
3.
4.
5.
6.
2(j)
If a child, six years old or younger, is claiming refugee protection with you, explain in detail why you believe the child would be at risk of being harmed,
mistreated or threatened if returned to their country. (Include only information that is specific to the child’s situation and is different from the information you
gave to support your claim.)
...if you need more space, use additional sheets of paper the same size as this form.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 6 of 10
COUNTRIES WHERE YOU ARE AT RISK OF SERIOUS HARM
List the country or countries where you believe you are at risk of serious harm.
(a)
(b)
(c)
(d)
3.
YOUR CITIZENSHIP
4.
List each country of which you are or have been a citizen.
Country Present status
How citizenship was acquired
(e.g. by birth, by marriage, etc)
Date citizenship was acquired
(year/month/day)
(a)
(b)
(c)
(d)
(e)
(f)
YOUR FAMILY
5.
List your relatives, living or dead, in the order below. Use an additional sheet if you need more space.
i. Your spouse(s), or your common-law partner, including your same-sex partner
ii. Your children, including children born outside of marriage and adopted children
iii. Your parents
iv. Your brothers and sisters, including half-brothers and half-sisters
Family or last name(s) /
surname(s)
Given or first name(s)
Relationship
(e.g. mother, son)
Date of birth
1
Citizenship(s)
Place and country
where they live
2
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
1
If you do not know the date, give the person’s approximate age (__years)
2
If person is dead, give the date of death (year/month/day)
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 7 of 10
PREVIOUS PROTECTION CLAIMS
6.
If you or any of your relatives listed in the question above, have claimed refugee protection or asylum in Canada or in any other country [including at a
Canadian office in another country or from the United Nations High Commissioner for Refugees (UNHCR)], provide details here.
Family or last name(s) / surname(s) Given or first name(s)
Relationship
(e.g. mother, son)
Date of claim Country or UNHCR
Result
1
IRB file no. and
CIC
2
client ID no.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
1
For example: accepted, rejected, not completed
2
Citizenship and Immigration Canada
VISA APPLICATIONS TO CANADA
Did you apply for a visa to enter Canada?
Yes No
7(a) 7(b)
If "YES", date of the application (year/month/day)
7(c)
At which Canadian office?
Was the application accepted?
Yes No
7(d)
Type of Canadian visa applied for
Work Visitor
Immigrant Student Other
7(e)
7(f)
Date visa was issued (year/month/day) and duration
7(g)
Date visa application was refused (year/month/day)
7(h)
Reason for visa refusal
WHERE YOU CAN BE CONTACTED IN CANADA
8(a)
Street number and name
8(b)
Room, floor or apartment number
8(c)
City
8(d)
Province
8(e)
Postal Code
8(f)
Telephone number, including area code
IF YOU MOVE, YOU MUST GIVE THE IRB YOUR NEW ADDRESS IMMEDIATELY. Please use the notification of client contact information form in your Claimant's Kit.
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 8 of 10
YOUR COUNSEL
9(a)
Do you have counsel (for example, a lawyer, immigration consultant, family member or other person who will be helping you with your refugee
protection claim before the Refugee Protection Division)?
Yes No
If "YES",
did your counsel help you to complete this Basis of Claim Form?
Yes No
will your counsel be representing you at your refugee protection hearing?
Yes No
9(b)
Name of your counsel
9(c)
Address
9(d)
City
9(e)
Province
9(f)
Postal Code
9(g)
Telephone number, including area code
9(h)
Fax number, including area code
9(i)
Email address
9(j)
Check one:
9(k)
Lawyer (or notary if practising in Quebec)
Member of Immigration Consultants of Canada Regulatory Council
Family member
Other
Province:
Membership identification number
9(l)
Relationship
The Immigration and Refugee Protection Act makes it an offence for any person not authorized under the Act to knowingly, directly or indirectly, represent or advise a
person for consideration – or offer to do so – in connection with a proceeding or application under that Act. (Consideration includes money, or any other form of
compensation or reward.)
If you get counsel or if you change counsel in the future, you must inform the IRB immediately. Please use the special form in your Claimant's Kit.
LANGUAGE AND INTERPRETER
10(a)
Language you would like the IRB to use with you (for example, during your hearing and in documents)
Canada has two official languages: English and French. Please choose the official language you would like the IRB to use with you:
English French
10(b)
Interpreter for your language or dialect
If you do not understand English or French, we will provide an interpreter for you at your hearing. Please write the language and dialect you want to use. If you do
not need an interpreter, write “N/A” (not applicable).
Language Dialect
If you want to change the language of your hearing [Question 10(a) above] or the language or dialect of interpretation [Question 10(b) above], you must inform the
IRB in writing at least 10 days before your hearing. Please see the Claimant's Guide for more information.
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 9 of 10
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form
Page 10 of 10
YOUR DECLARATION AS A CLAIMANT
11.
If you DID NOT require the assistance of an interpreter to complete this form, you must complete DECLARATION A.
If you DID require the assistance of an interpreter to complete this form, you must complete DECLARATION B. Make sure that all the questions and answers and
instructions in the form, including this one, are interpreted to you before you sign DECLARATION B.
DECLARATION A
I declare that the information I have provided in this form is complete, true and correct. I declare that I am able to read English and that I have fully read and fully
understood the entire content of this form and all attached documents. My declaration has the same force and effect as if made under oath.
Your signature
Date (year/month/day)
DECLARATION B
I declare that the entire content of this form and all attached documents have been interpreted to me. I declare that the information I have provided in this form is
complete, true and correct. My declaration has the same force and effect as if made under oath.
Your signature
Date (year/month/day)
It is a serious offence to provide false or misleading information. Your claim may also be rejected - and any favorable decision, if already given, revoked, if you give
information that is not true or is misleading, or if you try to hide important information.
INTERPRETER'S DECLARATION
12.
I, (print full name clearly)
, hereby declare that I have accurately interpreted the
entire content of this form and all attached documents for the claimant from the English language to the
language (state dialect, if any). I am proficient in both of these languages (and dialect, if any) and was able to communicate effectively with the claimant. The claimant
has assured me that he/she understood the entire content of this form and all attached documents and the answers provided, as interpreted by me.
Interpreter's signature
Date (year/month/day)
Appendix
Instructions for Completing Your Basis of Claim Form
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form - Appendix
Page 1 of 2
Remove the appendix from your BOC Form
when you give it to the IRB
In order for you to get refugee protection in Canada, the Immigration and Refugee Board of Canada (IRB) must decide that you are a
“Convention refugee” or a “person in need of protection.” These terms are defined in Canada's Immigration and Refugee Protection Act,
and you can find the definitions in the Claimant's Guide in your Claimant's Kit.
The purpose of your Basis of Claim Form (BOC Form) is to present your claim for refugee protection to the Refugee Protection Division
of the IRB. All members of your family who are claiming refugee protection must provide their own BOC Form, even though your claims
will be processed together. The information given in each person's BOC Form will be used to make decisions in the claims of the other
family members. For more information to help you complete your BOC Form, please see the Claimant's Guide in your Claimant's Kit.
Answering the questions
- Please see the Claimant's Guide for more information before completing your BOC Form.
- The information you give in your BOC Form must be complete, true and correct. Your BOC Form will be used as evidence in your
claim for refugee protection, and you will be asked questions about the information you give in the form. Your claim may be
rejected if you give information that is not true or if you try to hide important information.
- Make sure that you understand the instructions and the questions, before you write your answers. If you do not understand a
question, ask someone to explain it to you.
- You must answer all of the questions in the form. If a question does not apply to you, write "N/A" (not applicable) as your answer.
- Give details in all of your answers, and include dates and names of places and persons. If you need more space, use additional sheets
of paper the same size as the BOC Form.
- Sign the applicable claimant's declaration at the end of the form when you are finished.
Language
You can obtain and complete the BOC Form in either of Canada's official languages: English or French. If you do not understand English
or French, you will need to get an interpreter. Make sure that the interpreter reads all of the questions in the form to you and that the
interpreter understands your answers. You and the interpreter must both sign the form when you are finished. The Claimant's Guide
provides more information about choosing between English and French and about asking for an interpreter for your hearing.
Children less than 18 years old
Attach two copies of all documents (identity, travel or other documents) that you have with you now to support your claim for refugee
protection, including documents that are not genuine, documents that you got in an irregular or illegal way or by giving information
that is not true, and documents you used that do not really belong to you. In addition to the documents listed above, you can include
proof of membership in political organizations, medical or psychological reports, police documents, business records, news clippings,
visas, and airplane, train or bus tickets. Include certified translations in English or French for all documents if they are in a language other
than English or French. Translations are certified when they include the translator's name, the language and dialect, if any,
You must show the IRB evidence of who you are by giving the IRB official documents with your name and date of birth on them. For
example, you can give a passport, national identity card, birth certificate, school certificate, driver's licence, military document,
professional or religious membership card. If you do not have documents like this with you, you need to do everything you can to get
them immediately. If you still cannot get these documents, you will need to explain the reason for this at your hearing and show that
you did everything you could to get them.
Documents
- Children 6 years old or younger who are claiming refugee protection with a parent: Complete only the "WHO YOU ARE" section of
the BOC Form. The form must be signed by the child's parent or the person named by the IRB to represent the child in their claim.
- Children 7 to 17 years old who are claiming refugee protection with a parent: Complete the entire BOC Form. The form must be
signed by the child's parent or the person named by the IRB to represent the child in their claim.
- Children of any age under 18 who do not have an adult with them: The person named by the IRB to represent the child in their
claim must complete the entire BOC Form and sign it.
translated, and a statement that the translation is accurate, signed by the translator. You must pay for these translations yourself. You
must bring the originals to your hearing (or give them to the IRB sooner if the IRB asks for them), unless the documents have been
seized by Citizenship and Immigration Canada (CIC) or Canada Border Services Agency (CBSA). Please see the Claimant's Guide for more
information.
If you get more identity or travel documents that support your claim after you have provided your BOC Form, give two copies to the IRB
without delay.
If you get more documents, other than identity or travel documents, that support your claim after you have provided your BOC Form,
give one copy to the IRB and a copy to the Minister, if the Minister is a party, at least 10 days before your hearing.
Deadline and process for submitting the BOC Form to the IRB
1. If you are making your claim at an immigration office inside Canada, you must bring the completed BOC Form and one copy
with you to your eligibility interview.
2. If you made your claim on arrival at a port of entry (an airport, seaport or land border crossing), you must give your completed
original BOC Form and one copy to the IRB no later than 15 calendar days after the date that the immigration officer gives you the
blank BOC Form.
You can bring the completed BOC Form and the copy, yourself, to the IRB office listed on your Notice to Appear, or you can send the
form by courier, fax (if the document is no more than 20 pages long, unless the IRB consents to receiving more than 20 pages) to that
IRB office but you are responsible for them being received by the due date. (Note: If the BOC Form is faxed to the IRB, the original
must be provided at the beginning of the hearing.)
Failure to provide the completed BOC Form to the IRB by the deadlines
If you made your claim on arrival at a port of entry and the IRB does not receive your completed BOC Form within 15 calendar days,
you will have to go to a special hearing no later than five working days after the deadline and explain why the IRB should not declare
your claim abandoned or, in other words, why you should be allowed to continue with your claim. The IRB may accept or reject your
explanation. If it rejects your explanation, your claim will be declared abandoned which means you will not be allowed to continue with
your claim, or make another claim for refugee protection in the future.
If you have counsel, you are responsible for making sure that your counsel meets the deadlines
Making changes
If your information changes or if you want to add information, you must inform the IRB. Underline the information you changed or
added to your BOC Form, sign and date the changed pages, and send the original and one copy to the IRB. You must also sign a
declaration stating that the information you have given in the BOC Form, together with the changes and additions you have made, is
complete, true and correct. The IRB must receive these pages and the declaration at least 10 days before your hearing.
Your personal information
The confidentiality of the information you provide in this form is protected by the Privacy Act. Your personal information may be
disclosed only in the circumstances where such disclosure is permitted under the terms of that Act and of the Access to Information Act.
Disclosure in other claims
Although the confidentiality of the personal information you give in your BOC Form is protected, your information may be used in other
claims that are related to yours or similar to yours, even if the other person is not claiming refugee protection with you. Before releasing
this information to another claimant, the IRB will try to inform you about this in writing. To make sure that you receive this information,
remember to give the IRB your new address when you move, even after you have received a decision on your claim. The IRB will not
release the information if there is a serious possibility that releasing it will put someone's life, liberty or security in danger or is likely to
cause an injustice. If you do not want your personal information to be released, please explain on a separate sheet of paper why you
think there is a serious possibility that releasing your information may put someone's life, liberty or security in danger or is likely to
cause an injustice. Attach the sheet of paper to your BOC Form.
Disclosure to other organizations
The personal information you provide on this form is collected under the authority of the Immigration and Refugee Protection Act for the
purpose of determination of your claim for refugee protection by the IRB. Your personal information may be shared with other
organizations including the Canada Border Services Agency (CBSA), Citizenship and Immigration Canada (CIC), the Canadian Security
Intelligence Service (CSIS) and law enforcement agencies, for the purpose of administration and enforcement of the Immigration and
Refugee Protection Act.
Version française disponible sur demande
RPD.02.01 (November 2012)
Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca
Basis of Claim Form - Appendix
Page 2 of 2
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