How to start your refugee claim
It is very important that you let CBSA know that you want to make a refugee claim at the first possible opportunity. If CBSA decides you are inadmissible to Canada (for example, for overstaying your visa) they may issue an order requiring you to leave Canada (a “removal” order). Once CBSA issues a removal order against you, you may become ineligible to make a claim.
If you make a claim while in detention CBSA will direct you on 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 at your eligibility interview while in detention, you will have to complete the form as soon as possible, as directed by CBSA.
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.