2. Get documents that help to prove your fear
Question and answer
What evidence do I need for my refugee hearing?You must try to prove that you're at risk in your country and that the important events in your story really happened. Your can help show that:
- you're telling the truth
- you face a genuine risk in your country
- the risk you face in your country is personal to you
- the risk that you face is not the same risk that others in your country face because of general conditions there
- the government in your country is unable or unwilling to protect you, and
- you cannot reasonably and safely live in another part of your country.
Types of evidence to show risk
The evidence you need depends on the facts of your case. Every refugee claim is different, so not everything on this list may help you. Talk to your lawyer or other licensed representative about whether these may help and what documents you need.
Personal documents
Examples of personal documents that may help show why you're at risk in your country include:
- copies of any threats you received or any harassment you faced including on social media
- legal documents like police complaints or reports, detention records, or court cases that show what happened to you or why you're afraid to return to your country
- proof of membership or participation in organizations that are part of a persecuted community like persecuted ethnic, cultural, religious, political, or LGBTQ+ groups
- medical documents like doctor or hospital reports and records, for example, reports that describe treatment you received for physical harm you experienced in your country or from a doctor in Canada about evidence of that physical harm
- psychological reports from a doctor or mental health professional who treated you in your country or in Canada, that describe the psychological impact of what you experienced
- photographs and videos
- screenshots from social media
- letters or affidavits from co-workers, family members, friends, or others that saw and can describe what you experienced in your country or what you fear could happen there
The letter writer should say who they are and how they know you. They should write only what they know and saw. They must not just repeat your Basis of Claim (BOC) form and narrative. The letter writer should also:
- sign and date the letter, and include their name
- attach a copy of their identity document
- get the letter commissioned or notarized if possible
There is no limit on the number of pages of personal documents you can submit.
Notarized means that a licensed notary sees someone sign the document and verifies the identity of the person who signed.
A notary is someone who's licensed to verify a person's signature on a document. Each province has its own rules about who can become a notary. A notary is also called a notary public.
Commissioned means that a commissioner for taking oaths sees someone sign the document after the person swears or affirms that the information is true. A commissioner for taking oaths can be a lawyer or a licensed notary.
Country conditions evidence
Documents about the conditions in your country can also help show you're at risk in your country. These documents, also called “country conditions” evidence, include:
- human rights reports from Amnesty International, Human Rights Watch or other organizations that provide information about human rights abuses in your country
- articles or videos that show what is happening in your country from news organizations
- official documents like copies of laws
You can submit a up to 100 pages of country conditions evidence. If you have multiple countries in your claim, you can submit up to 100 pages per country. Use this form to ask to send more pages if needed.
National documentation package
The of Canada (IRB) produces National Documentation Packages (NDPs) that have human rights reports and other publications about most countries. An NDP is a collection of publicly available documents about what is happening in a country. NDPs are updated regularly.
The NDP for the country you're claiming protection against is included as part of the evidence in your refugee claim. You do not need to file a document if it is already in the current NDP for the country or countries you're claiming protection against. You may want to review the NDP for that country.
Keep records
Keep a record of your efforts to get documents in case you do not get them in time for your hearing. You may need to explain at your hearing what you did to try to get the documents and why you could not get them. For example, keep any:
- written requests for documents
- letters from people who tried to get something for you
- written refusals to release documents to you
- articles showing it's hard for anyone to get those documents
If you receive documents in the mail, keep the envelopes to show who sent them and where they came from. If you received copies of documents by text, email, or by other electronic means, keep the texts, emails or other messages where you received documents. That way you can explain and show the Member where the document came from.
Original documents or certified copies are best. If you tried to get an original document but only got a copy, keep a record of your efforts to get the original. You can explain at your hearing what you did to try to get original documents.
Get legal advice
If you plan to ask the consulate or a government body in your home country to help you get documents to support your claim, you should get legal advice before doing anything.
If you contact the government in your home country, the might not believe that you're really afraid to return to your country. There might be other agencies in your country that you can contact to get evidence to support your claim instead.