Timelines and the BOC Form
You must still meet any deadlines for the refugee claim process. This includes the BOC Form. If you get a BOC Form at your eligibility interview, you have 45 days from that date to send it to the IRB-RPD.
It is important to ask your legal representative if they can help you with your BOC Form. If you do not have a legal representative, ask CBSA to send your form to the IRB-RPD.
If it was hard to do the BOC form while detained, explain this on the document. For example:
- You did not have a legal representative
- There was no way to get a translator or interpreter
- Any other problems you had because you were detained
You, or your legal representative if you have one, can ask for more time to do your BOC form.
If you send in the BOC form after the deadline, the IRB will hold a special hearing to decide if they will accept it. They may say you have abandoned your claim. CBSA must take you to this hearing if you are detained.
If you have a legal representative for your detention review hearings, the same person might not also represent you for your refugee claim.
When you are released, you must give your address to the IRB-RPD. You will need to know if they want more information for your claim or give you a hearing date.
If you remain detained after your refugee claim has been filed, the IRB-RPD will process your claim more quickly. They will schedule a hearing in a shorter amount of time than usual. If you have your hearing while detained, and you do not have a legal representative, it is important to ask an NGO for help.
If you were detained for identity reasons, you may be asked about this during your refugee claim hearing. CBSA may release you but still have concerns. They may come to your hearing. Make sure to ask your legal representative whether you have all the documents you need.