Prepare for Your Hearing

Convention Refugee definition

Read each part of the definition of a Convention Refugee and if you decide that each part of the definition is true for your particular situation, create your own list of any documents you have to show that you meet each part of the definition. Share this list of evidence with your legal representative.

To meet the definition of Convention Refugee, you must show you meet all six parts of the definition below:

• If I return to my country, there is a serious possibility I will face persecution
• This persecution is based on my: race/religion/nationality/political opinion/or membership in a particular social group
• I am genuinely afraid to return to my country
• I have a good reason to be afraid based on the situation in my country
• My government cannot protect me
• I cannot live safely in any other part of the country or it is not reasonable for me – given who I am – to move to another part of the country.

(Section 96 of the Immigration and Refugee Protection Act)

Person in Need of Protection definition

Read each part of the definition of a Person in Need of Protection and if you decide that each part of the definition is true for your particular situation, create your own list of any documents you have to show that you meet each part of the definition.  Share this list of evidence with your legal representative.

• If I return to my country, I am likely to face torture by the authoritues in my country; OR
• If I return to my country, I am likely to face risk to my life, or risk of cruel and unusual treatment or punishment
• My government cannot protect me
• I cannot live safely in any other part of my country or it is not reasonable for me – given who I am – to move to another part of my country
• This risk is specific to me and NOT shared by the general population in my country
• This risk is NOT because my country wants to punish me for committing an act which is a crime in Canada
• This risk is NOT because of inadequate medical care in my country.

(Section 97 of the Immigration and Refugee Protection Act)

When to start gathering evidence

Gathering evidence can take time, particularly if you are trying to obtain documents from your home country. You should start gathering evidence to support your refugee claim as soon as possible. If you have a legal representative, ask what specific evidence may help your claim, provide an update about what documents you have received, and have them review your evidence.

Translation requirements

All evidence, including audio recordings, you submit to the IRB-RPD to support your claim must be translated into English or French.

Do not use Google Translate or translate your own documents. Certified translators are best, but not required. If you cannot pay for a professional translator, you can have someone else you trust (preferably not a relative) translate your documents for you. This person must sign a translator’s declaration. The translator’s declaration must include: 

• The translator’s name
• The translated language and dialect, if any
• A statement that the translation is accurate, and, 
• The signature of the translator.

Supporting evidence

In general, there are four types of supporting evidence that you must provide for your refugee claim:

Evidence of your personal identity 

You must provide evidence of your identity and citizenship. This evidence can include: a passport, national identity card, birth certificate, marriage certificate, school transcript or certificate, driver’s license or military identity, professional and religious membership documentation.

Evidence that is specific to your claim

You must provide evidence that is relevant to your claim. This type of evidence may show:

• Your story and all the events in your narrative are credible
• You have a genuine fear of persecution in your country
• The risk you face in your country is personal and not generalized
• The government in your country is unable to protect you, and/or
• You cannot reasonably or safely live in another city or part of your country.

Below are some questions and examples of evidence that may help you when you are gathering evidence that is specific to your claim:

• Are there photographs, letters, videos, emails, texts, or other documents that show the problems you had? Get them! 
• Did you go to the police or another government agency for help? Get a copy of the police report or other proof of your visit. 
• Did you get medical help? Get a copy of your hospital or doctor’s records. 
• Are there news articles or online posts about people who are connected to your case? Get them! 
• Are there people who witnessed what happened to you? Ask them to write what happened and send it to you. If possible, ask this person to declare that their statement is true in front of a lawyer or notary. 
• Are there people who have experienced problems that are similar to yours? Ask them to describe their experiences in writing. If possible, ask this person to swear their statement is true in front of a lawyer or notary.
• Is your claim based on your religious identity or membership in a political party or other group? Get documents that show your membership. 
• Has your mental health suffered because of what happened to you? Get a report from a doctor or psychologist in Canada which documents your mental health problems. It can take a long time to get the report, so make an appointment as soon as possible.
• Are you active on social media? Get screenshots of posts that you have shared or posts that are directly related to your story.

Country conditions evidence

This type of evidence includes reports from credible sources that demonstrate the conditions in your country that may relate to your claim such as political, social, cultural, economic, and human rights conditions. 

The IRB-RPD has many country condition documents in the National Documentation Packages (NDPs) that are updated by the IRB for your country. NDPs contain public documents that describe the conditions in your country.

Some of these reports may be outdated. You should talk to your legal representative to see if updated reports and news articles may help your case. This may be important if conditions in your country have recently changed or if the situation you experienced is not described in any of the documents in the NDP.

View your country’s National Documentation Packages.

Witnesses

Witnesses may give oral testimony at your hearing to support your claim. A witness is a person who knows about your claim and can provide information that will help the Member make a decision. For your hearing, any witness will need to be prepared to answer questions from both your lawyer and from the Member on any relevant issue. Witnesses cannot listen to your testimony and you cannot have any contact with them during breaks. The Member will let you know when they may give their testimony. In some cases, the Member may not need to hear their testimony in order to make a decision on your refugee claim. 

If you will invite a witness, submit the following information about them in writing to the IRB-RPD, at least 10 days before your hearing date:

• Contact information (address, telephone number and fax number)
• A short statement about the relevance of their testimony
• How long their testimony will take
• Your relationship to the witness
• How they will testify – in person (in the case of an in-person hearing), by videoconference or by telephone
• The language and dialect, if they need interpretation
• If the witness is an expert, you must also give information about their qualifications and include a report that summarizes their testimony, signed by the witness.

Identity 

You must show that you are who you say you are. This includes your identity as a citizen or resident in your country of birth or another country. It may also include your affiliation with a particular religion or ethnicity, your professional, political, or union membership, your sexual orientation, or your membership in another kind of social group. If you cannot obtain documents confirming an aspect of your identity that is relevant to your claim, you will have to give an explanation at your hearing. 

 Examples of evidence

• To prove you are a citizen of your country:
  • Passport
  • National identity card
  • Military service
  • Marriage certificate
  • School transcripts
  • Witnesses from your country who know you well 
• To prove your religious affiliation, if relevant: 
  • Baptismal certificate
  • Letter from your religious leader 
• To prove your political or professional affiliation, if relevant: 
  • Membership card
  • Letter from organization
  • Transcripts proving professional training
  • Diplomas 
• To prove your sexual orientation, if relevant: 
  • Letter from a community group, partner, or family member. These witnesses should give as many details as they can to show how they know you are part of the LGBTQ community.

Credibility

You must show that you are telling the truth and whether your evidence is accurate and reliable. To decide if you are credible, the information on your BOC Form and written narrative, the evidence you submit, the oral testimony you give at your hearing, news stories and human rights reports, and the testimony of other witnesses will be compared for consistency. If there are significant contradictions that you cannot explain, the Member may decide that you are not credible and this may negatively affect any future immigration applications you make in Canada. 

Examples of evidence

• Country reports and news articles showing human rights abuses that are similar to, or confirm, those in your claim 
• Medical / hospital records or receipts 
• Police reports 
• Photographs showing injuries 
• Sworn statements from witnesses 
• A letter from your doctor in Canada confirming scars or injuries 
• Screenshots from social media.

Tips for credibility during your hearing

• Submit documents to confirm that specific details of your story are true
• Be careful not to exaggerate details of your claim
• Do not answer a question that you do not understand
• It is perfectly fine to ask the Member to repeat or rephrase the question
• Do not guess. Be truthful. Answer the questions in long, full sentences to make sure you are not misunderstood
• Choose your witnesses carefully and insist that they tell the truth. Explain to them that the Member will decide whether they are credible, based on whether there are contradictions between their evidence and yours.

Subjective Fear

You must show that you have a genuine fear of persecution in your country. To decide whether your fear is genuine, the Member may ask you:

• Did you return to your country where you were persecuted after you left?

(Legal Issue: Re-availment)

• Did you pass through another safe country (for example, the USA) on your way to Canada, but not make a refugee claim there?

(Legal Issue: Failure to Claim Elsewhere)

• After you experienced persecution in your country did you stay there even though you had the opportunity to leave sooner? 

(Legal Issue: Delay in Departure)

• Did you wait for a while before making a refugee claim after you arrived in Canada?

(Legal Issue: Delay in Claiming)

If your answer to any of these questions is “Yes,” you will likely be asked to explain the reasons at your hearing. Gather evidence to support your explanation and think about how you will explain the decisions you made.

Be prepared to explain why you did not leave right away or why you did not claim refugee protection sooner. Did you hope the situation in your country would change? What were the challenges in leaving your country? Why didn’t you make your claim as soon as you arrived in Canada?

Examples of evidence

• Police reports filed
• Psychological or medical reports indicating any trauma you may have suffered
• Evidence of your efforts to escape danger such as tickets, receipts, travel documents
• Witness testimony to efforts you took to protect yourself from threats you faced
• News sources that you relied on for information about the danger you faced
• Information you relied on about making an asylum claim in another country you passed through
• Documentation showing why you could not leave your country sooner, if you were delayed in leaving
• Documentation of barriers to filing a claim in Canada quickly after your arrival.

Generalized Risk

You must show that the risk you face is personal and not the same general risk that everyone else in your country faces. This means that if you come from a country where there is a lot of violence, you will need to show why you, personally, are at risk. If you can, identify who (or what group) has targeted you, how you know you have been targeted and why you have been targeted.

Examples of evidence

• Any notes, letters, text or recordings of voice messages you have received that contain threats of violence against you 
• Sworn statements from friends or other witnesses confirming that you, or others in a similar situation, have been the victims of violence 
• Photographs showing injuries or damage, medical records confirming treatment in your country
• Police reports from your country 
• Social media or video evidence with transcript.

State Protection

 You must show that your government cannot or will not protect you. The IRB-RPD assumes that your government can protect you unless you provide evidence that convinces them otherwise. 

If you tried to get protection from authorities in your country but did not receive it: 

• Explain exactly what you did and how the authorities responded 
• Try to get documents showing that you sought protection 
• Try to find reports from your country showing that the authorities cannot or will not protect people in your situation.

If you did NOT seek protection from authorities in your country: 

• You must explain why and provide supporting documents to show that it would have been unreasonable for you to do so 
• You can give examples of what happened to other people who tried to go to the police or to other authorities.

Examples of evidence

• Country reports showing lack of police protection and/or corruption 
• Reliable news reports showing lack of police protection and/or corruption
• Reports you made to the police 
• Sworn statements from people who are in a situation similar to yours and whom the authorities did not protect. 

Internal Flight Alternative (IFA)

You must show that it is not safe for you to live in another part of your country that you are fleeing.

If this issue is addressed at your hearing, the IRB-RPD will tell you the specific region where they believe you could live safely. You must provide evidence that: 

• You cannot live safely in this other region, or 
• It would be unreasonable for you to try to live in this other region (given your age, gender, or particular circumstance), or 
• There is no way to get to that region, because it is inaccessible due to war, natural disaster, or another reason. 

Examples of evidence

• Documents showing that you tried to get away from the problem by moving to another part of your country before you left
• Reports that show the problem you face exists throughout the whole country. For example, the people who want to harm you operate all over the country, or the discrimination you fear exists in all parts of your country 
• Reports about your country that show why someone like you would have difficulty living in another part of your country. For example, reports that describe the culture in your country and show why it would be hard for someone like you to move to another region. You may also show that the area has been affected by civil war or natural disaster or other serious problems.
• Letters from friends or relatives who helped you hide in different cities or regions of your country.

Legal Residence in Another Country

You must show that you are at risk in each country that you are a citizen or permanent resident.

If the IRB-RPD finds that you are at risk in one country, but can live safely in another country where you have the right to live permanently, your claim will be denied. If you have been granted refugee status in a country that signed the Refugee Convention and you are entitled to return to that country, you will not be granted Canada’s protection.

Examples of evidence

• If you have the right to live in more than one country, you may face similar or different types of risk in each country. Think about the kind of risk you face in each country, and submit as much evidence as you can of that risk.
• It may be that the IRB-RPD thinks you have the right to live in another country, but you do not believe that to be correct. If you used to be a citizen or permanent resident of another country but have lost that right, give the IRB-RPD a letter or document from the government of that country which shows that you no longer have the right to live there. 
• If you were born in a country but never acquired citizenship in that country, give the IRB-RPD a copy of the citizenship law for that country. (Usually you can find this on the internet.) 
• If you were granted permanent residency or refugee status in a country but lost that status and do not have the right to return there, give the IRB-RPD a letter or document from the government of that country which shows that you no longer have the right to live there.

Criminality

If you have participated in organized crime or if you are found to have been convicted of a serious crime inside or outside of Canada that is punishable in Canada by at least 10 years in prison (regardless of the sentence actually received) you are not eligible for Canada’s protection. 

If you do not agree with charges of participation in organized crime or serious criminality in your case, get evidence to prove your innocence or your conviction record.

Examples of evidence

• Court records to document any convictions you have
• Police records to demonstrate the accusations and facts as initially reported to the police
• Witness affidavits regarding alleged participation in criminal organizations.