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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 00:57, 15 October 2022
, 00:57, 15 October 2022→4. Refugee Hearing
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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 will question the claimant regarding the BOC. The Minister may also intervene in the hearing and a Hearings Officer may question the claimant if they allege the claimant should be excluded from refugee protection under IRPA s. 98 or if they have concerns about the claimant’s credibility. | 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 will question the claimant regarding the BOC. The Minister may also intervene in the hearing and a Hearings Officer may question the claimant if they allege the claimant should be excluded from refugee protection under IRPA s. 98 or if they have concerns about the claimant’s credibility. | ||
Note that if the claimant wishes to rely on documents, | Note that if the claimant wishes to rely on documents, they must file or serve those documents not less than 10 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. | 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. A decision maker may interpret inconsistencies with the facts as stated in the BOC as weakening the claimant’s credibility. | :'''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. A decision maker may interpret inconsistencies with the facts as stated in the BOC as weakening the claimant’s credibility. | ||
=== 5. Refugee Appeal Division === | === 5. Refugee Appeal Division === | ||