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What is a Basis of Claim form?

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What is a Basis of Claim form?

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What is a Basis of Claim form?
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Reviewed: 
June 11, 2019
Answer

The Basis of Claim Form (BOC) is an important document that every refugee claimant must complete. The Refugee Board uses your BOC to decide if your refugee claim should be accepted.

In the BOC, you tell your story about why you’re claiming refugee protection in Canada. It’s your chance to explain to the Refugee Board why you meet the definition of a Convention Refugee or a person in need of protection.

The BOC is a very complicated document. You must complete the BOC carefully and correctly. If any information is missing, not true, or different from other information, the Refugee Board could refuse your claim.

Timelines

If you make your refugee claim at a Port of Entry (POE), you must complete your BOC and submit it to the Refugee Board within 15 days of being found eligible to make a claim.

If you miss this deadline, there will be a special hearing to decide if your refugee claim is abandoned. If your refugee claim is considered abandoned, it will not be heard. Go to the special hearing with your completed BOC, explain why you missed the deadline, and ask for another refugee hearing. You should get legal help to do this.

Port-of-entry refugee claim process
Port-of-entry refugee claim process

Learn how to make a claim at an airport, marine port, or border

If you plan to make your refugee claim from inside Canada, you must complete your BOC before you go to an Immigration, Refugees, and Citizenship Canada (IRCC) Office to make your refugee claim.

Inland refugee claim process
Inland refugee claim process

Learn how to make a claim in Canada

Get legal help

It’s a good idea to get legal help to complete your BOC.

If someone helps you to fill out your BOC, you have to fill out the counsel information section at page 9 of the BOC, even if the person will not be representing you at your hearing. If someone is representing you at your hearing for free, you also need to fill out a Notice of Representation Without a Fee form.

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