How to start your refugee claim
If you want to make a refugee claim while you are in detention let CBSA know as soon as possible.
If you make a claim while you are in detention, CBSA will tell you how to complete the process.
Timelines and your BOC Form
You must still meet any deadlines for the refugee claim process. This includes the BOC Form. If you get a BOC Form while in detention, you will have to complete the form as soon as possible, while respecting any deadlines.
It is important to ask a 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 for you to do the BOC form while detained, explain this on the document. For example you could say:
- You did not have a legal representative (if you could not get one).
- There was no way to get a translator or interpreter.
- Any other problems you had because you were detained.
Your refugee hearing
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.
When you are released, you must give your address to the IRB-RPD. This is important because you don’t want to miss important information about your claim or your hearing date, if you haven’t had it yet.
Be aware, if you were detained for identity reasons, you may be asked about this during your refugee claim hearing. CBSA may come to your hearing to explain their concerns. Make sure to ask your legal representative what to do if this happens.