The Member of the IRB-RPD looks at the facts in your case and the situation in your country to decide if you need protection. There are important legal issues that the Member may address at your refugee hearing. Read through these legal issues in the section below.
Identity
You must show that you are who you say you are. This means you must prove you are a citizen of or lived in your country of birth or another country.
It may also be important to show your religion or ethnic background, your professional, political, or union membership, sexual orientation, or your membership in another kind of social group.
If you cannot get some of the documents to show who you are, you have to explain why at your hearing. You can tell how you tried to get the evidence.
Examples of evidence
Here are some examples of evidence you could gather to show your identity:
- To prove you are a citizen of your country:
- Passport
- National identity card
- Military service card
- Marriage certificate
- School transcripts
- Witnesses from your country who know you or your family
- To prove your religion:
- Baptismal certificate
- Letter from your religious leader
- To prove your political or professional group:
- Membership card in a political party of other group
- Letter from organization
- Transcripts that show professional training
- Business records
- Diplomas
- To prove your sexual orientation:
- Letter from a community group, a partner, or family member.
- Witnesses who can provide details about how they know you are part of the LGBTQ community.
Credibility
You must show that you are telling the truth and that all your evidence is true.
To decide if they can believe you, the IRB-RPD member needs to see that all the information in your claim matches. The member will compare:
- your BOC Form and narrative,
- your evidence,
- what you say at your hearing,
- what your witnesses say, and
- news stories and human rights reports.
If there are differences that you cannot explain, the Member may decide that they cannot believe you. This may harm any other attempts you make to stay in Canada.
Examples of evidence
Here are some examples of evidence you could gather to show you are telling the truth and credible:
- Country reports and news articles about human rights abuses
- Medical/hospital records or receipts
- Police reports
- Photographs of injuries
- Witness statements
- A letter from your doctor in Canada about scars or injuries
- Screenshots from social media
- Screenshots of text messages showing threats made against you
Tips to help you show you are telling the truth at your hearing:
- Have evidence that shows certain details of your story are true.
- Be careful not to exaggerate or embellish.
- Do not answer a question that you do not understand.
- If you do not understand a question ask the Member to repeat or reword it.
- Be honest. Do not guess.
- Answer in long, full sentences to make sure the Member understands you.
- Choose your witnesses carefully. Tell them they must tell the truth. Explain to them that the Member will expect what they say to match what you say. You can give your witnesses a copy of your evidence.
Genuine fear
You must show that you are truly afraid of bad treatment if you go back to your country. This is also known as “subjective fear.” Here are some examples of questions the Member might ask you:
- After your bad treatment in your country, why did you not leave right away?
- Why did you pass through another safe country on your way to Canada (for example, the USA), but not make a claim?
- Why did you return to your country after you left?
- Why did you wait to make a claim after you arrived in Canada?
Think about these questions and your answers. Prepare as much as you can before your hearing. Do you have evidence that will help you explain what you did or did not do? For example, did you hope the situation in your country would change? Was it difficult to leave your country?
Examples of evidence
Here are some examples of evidence you could gather to help show why you are afraid to return to your home country:
- Police reports that show you asked the police for help or reported a crime against you
- Doctor’s reports of any medical conditions or injuries
- Proof that you tried to escape danger (such as tickets, receipts, travel documents)
- Witness statements that you tried to protect yourself from threats
- Information you gathered about making a claim in another country
- Documents that show why you could not leave your country sooner
- Documents that show you had trouble making a claim in Canada right after you arrived
- Proof of your arrival and entry to Canada
Personal risk
You must show that you personally face a risk of persecution or harm in your country. This is called “objective risk”. You have to show that this is not a general risk in your country. For example, if there is a lot of violence, you must show why you are personally at high risk. If you can, name who (or what group) has targeted you, why, and how you know.
Examples of evidence
Here are some examples of evidence you could gather to show that you are at risk of harm in your country:
- Any notes, letters, texts, or phone messages of violent threats
- Official statements from witnesses saying that you, or people like you, have been the victims of violence
- Photographs of injuries or other types of damage
- Photographs of looting or damage you saw (or took part in)
- Medical records
- Police reports from your country
- Social media or video evidence (with the words also in writing)
No government protection
You must show that your government cannot or will not protect you.
If you tried to get protection from the authorities in your country but did not get it:
- Explain exactly what you did and how they responded.
- Try to get documents showing that you tried to get help.
- Try to find reports from your country showing that the authorities cannot or will not protect people like you.
If you did NOT try to get protection from authorities in your country:
- You must explain why and have documents to show that it was unreasonable to try.
- Give examples of what happened to other people who tried to get help.
Examples of evidence
Here are some examples of evidence you could gather to show why your government is unable to protect you:
- Country or news reports showing corruption or lack of police protection
- Reports you made to the police
- Statements from people who are in a situation like yours. (It is best if they say it is true in front of a lawyer or notary public. Also ask them for a copy of their ID card.)
No safe place in my country
You must show that it is not safe or possible for you to live in any part of your country.
The IRB-RPD may name a city in your country where they think you could live safely. This is known as “internal flight alternative.” You must show that:
- you cannot live there safely, or
- it would be unreasonable for you to live there (because of your age, gender, or situation).
Examples of evidence
Here are some examples of evidence you can gather to show why you cannot live safely in another part of your country:
- Documents that show you tried to get away from the problem by moving to another part of your country.
- Reports that show the problem is in the whole country. For example, the people you fear are all over the country, or the treatment you fear is in all parts of your country.
- Reports that show why someone like you would find it hard to live in that region. For example, reports that describe the culture in your country or show that there are serious problems in that area.
- Letters from friends or relatives who helped you hide in different parts of your country.
- Reports that show there is no way to get to that region, because of war, natural disaster, or some other reason.
Legal residence in another country (if any)
You must show that you are at risk in each country where 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 are a citizen or permanent resident, they will reject your claim. They will also reject your claim, if you have refugee status in a country that signed the Refugee Convention and you can return there.
Examples of evidence
Here are some examples of evidence you can gather to show if the IRB-RPD thinks you can live safely in another country:
- If you have the right to live in more than one country, think about the kind of risk you face in each one. Send in as much evidence as you can about that risk.
- The IRB-RPD might think you have the right to live in another country. If you think you are no longer a citizen or permanent resident of that country, give the IRB-RPD a government document that shows this.
- If you never became a citizen where you were born, give the IRB-RPD a copy of the citizenship law for that country. (You might find this on the internet.)
- If you lost your permanent resident status or your refugee status in a country, give the IRB-RPD a government document which shows that you cannot go back there.
Criminality (if any)
If you were involved in organized crime, the IRB-RPD will reject your claim. Or if you have been found guilty of a serious crime that in Canada means at least ten years in jail, the IRB-RPD will reject your claim.
If you were not guilty of the charges, you need evidence to prove it.
Examples of evidence
- Court record of any convictions
- Police records of the facts that were first reported to them
- Witness statements about the charges
- Legal opinion from a lawyer in your home country
Delay in making a claim (if any)
If you did not make a refugee claim when you first arrived in Canada you must explain why you delayed making one. You may be asked to explain why you did not leave your country sooner, make a claim elsewhere, or make a refugee claim as soon as you arrived in Canada.
It is important to think about how you could answer these questions because the IRB-RPD may not believe you are genuinely afraid to return to your country if you delayed making your claim.
If you did not make a refugee claim right away, think through the following questions to help you address your reason for delay:
- Did you become afraid to return to your country some time after you arrived in Canada?
- Were you not aware that you should make a claim as soon as you arrive in Canada?
- Did you have trouble making a claim or obtaining legal representation?
- Did you not know how to make a claim and it took you time to find out?
Give details and do your best to explain the situation or circumstances. Be prepared to answer questions the Member may have about your delay during your hearing.