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=== 2. Eligibility === | === 2. Eligibility === | ||
Once a foreign national makes a claim for protection, an immigration officer will interview him or her and determine if the person is eligible to make a claim. There are several classes of ineligible people listed at s 101 of the IRPA. For example, if a foreign national has previously made a Convention refugee claim in Canada, and the claim was accepted, refused, withdrawn | Once a foreign national makes a claim for protection, an immigration officer will interview him or her and determine if the person is eligible to make a claim. There are several classes of ineligible people listed at s 101 of the IRPA. For example, if a foreign national has previously made a Convention refugee claim in Canada, and the claim was accepted, refused, withdrawn or abandoned, that person is “ineligible” to make another claim. If a foreign national is determined “ineligible,” the process stops. | ||
At the eligibility interview, the interviewing immigration officer will obtain the detailed reasons why the foreign national fears persecution. A foreign national should be prepared to accurately outline the details of his or her account of events leading to the claim for protection. 3.Basis of Claim Form (BOC) Once a foreign national is determined to be eligible to submit a Convention refugee claim, the foreign national will be given a Conditional Departure Order. This is a removal order that only comes into effect if the person loses the claim for protection. The foreign national is now a Convention refugee claimant. The claimant will have 15 days to file the BOC. This is the most important obligation on a Convention refugee claimant, with the exception of attending their hearing. Similarly, refugee claimants in the new system will file the shorter BOC forms. Claimants will require help in preparing their BOC. In the BOC, a claimant must outline the precise reason(s) for their well-founded fear of persecution. This includes a narrative outlining the dates, incidents of persecution, why they are afraid, etc. The BOC should include facts that support the claimant’s fear, and that address the requirements set out in the IRPA. For example, the BOC should address why the claimant has no internal flight alternative, how the state is involved or complicit in the persecution, etc. This account of events will form the basis of the request for protection at the hearing. 4.Refugee Hearing The Convention refugee claimant will be scheduled for an oral hearing to assess their claim. This hearing is not open to the public. The Presiding Member and Refugee Protection Officer will question the claimant regarding the BOC. The Minister may also intervene in the hearing and question the claimant if they allege the claimant should be excluded from refugee protection under IRPA s 98.Note that if the claimant wishes to rely on documents, he or she must file or serve those documents not less than 20 days before the hearing. If the Minister intervenes, they must also be served within the same time frame. If there are documents in other languages, they must be translated (Rule 28). Claimants may represent themselves at the hearing or be represented by counsel. Representation by counsel is always preferable. Interpreters are provided if required. Claimants may request that a family member or friend be present at the hearing for emotional support. NOTE: Claimants (and their counsel) must be very familiar with the content of their BOC before the hearing. Claimants must be prepared to elaborate on the details outlined in the BOC.Inconsistencies with the facts as stated in the BOC may be interpreted by a decision-maker as weakening the claimant’ s credibility. 5.Refugee Appeal Division The Refugee Appeal Division (RAD) considers appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. In most cases, there |