If you are found eligible to make an asylum claim, your file will be referred to the Immigration and Refugee Board (IRB). The IRB is an independent administrative tribunal responsible for making decisions on refugee matters. The IRB will evaluate your fear of persecution and decide whether you can be recognized as a refugee in Canada.
The Basis of Claim (BOC) form is a very important document that you will need to fill out, which will be used as evidence during the review of your asylum claim.
The BOC form is where you give information about yourself and explain why you are afraid to go back to your home country. For example, you must give details about what happened to you in your country, whether you asked the authorities to protect you in your country, whether you moved to another part of your country to find safety and why you decided to leave at that time. It is important to tell the truth, and you should get legal help to fill out the form.
Be aware that there is a deadline to submit the BOC form. You can find more information about the BOC on the IRB’s website and on the current deadlines here.
The IRB will evaluate your application through a hearing to decide if you qualify for refugee protection in Canada. All hearings are virtual by default, except for urgent and particularly sensitive cases, which will be heard in-person. You can find more information about hearings on the IRB’s website.
If you are a refugee claimant preparing for your hearing, you can attend the Ready Tour information sessions on hearings and appeals for free. Also, prepare yourself using the My refugee claim guide from Kinbrace.
In specific circumstances, the IRB may accept a claim for refugee protection without a hearing through a paper-based review. You can find more information about file-review process on the IRB’s website.
You are strongly encouraged to seek legal advice and retain legal representation throughout the asylum process, including when preparing and submitting your forms.
Please watch the five-part video series to understand the roles of the Immigration and Refugee Board of Canada (IRB).
