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Refugees and Asylum in Canada- How to prepare for a Hearing

Updated: Jun 30, 2020

How do I prepare for my hearing with the Refugee Protection Division?




While every claim is unique, there are certain factors that the Refugee Protection Division will explore in every claim. Accordingly, each claimant should be prepared to submit documentation to ensure that potential questions the Refugee Protection Division may have are satisfied.


Identity

Each claimant is required to provide acceptable documentation to establish identity. Acceptable documentation includes genuine and original civil documentation, such as passports, birth certificates, national identity cards, etc. Where these are not available, other corroborating evidence may be relied upon. In addition to a legal name, identity includes nationality, habitual residence, citizenship, ethnicity, and other background information.


Credibility

The Refugee Protection Division will be assessing the genuineness of your claim. This assessment entails consideration of your narrative and testimony in relation to the information provided on the claimant’s application forms and supporting documentation filed in advance of the hearing.


Country Conditions

The Immigration and Refugee Board of Canada maintains a repository of reports on various countries, e.g. their political and social conditions. The Refugee Protection Division uses this information to inform itself of the conditions in your country of nationality in relation to your claim.


Subjective Factors

Subjective factors including factors such as fear of persecution, systemic discrimination, etc. are considered to determine whether a claimant is or is not a convention refugee or person in need of protection as described in our earlier post ‘Are you Eligible to Apply as a Refugee’.



State Protection

The Refugee Protection Division considers whether state protection is available in a claimant’s country of nationality. Importantly, state protection in a claimant’s country of nationality does not need to be perfect, but is required to be adequate.


Internal Flight Alternative

Lastly, the Refugee Protection Division will consider whether there is an area that the claimant could migrate to in her or his country of nationality to be safe from the dangers the claimant faces. Often, there may be significant obstacles between the claimant and a potential internal flight alternative, for example the prevalence of war and combat, geographical obstacles, political or social obstacles, etc.


The foregoing content is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Readers of this website are advised to seek specific legal advice by contacting members of Titan Law Corporation (or their own legal counsel) regarding any specific legal issues. Titan Law Corporation does not warrant or guarantee the quality, accuracy, or completeness of any information on this website. The articles published on this website are current as of their original date of publication, but should not be relied upon as accurate, timely, or fit for any particular purpose. This website does not create a lawyer-client relationship.

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