I have a refugee hearing and there’s an exclusion issue. What does this mean?

3. Gather evidence to support your refugee claim

When you respond to the Minister's Notice of Intervention, the type of you need depends on why the Minister is intervening.

Status in another country

If the Minister intervenes because you may have status in another country, this is based on Article 1E of the UN Refugee Convention.

If this happens, the Refugee Board can consider:

  • if your status in that country is similar to what citizens have
  • if you had status and lost it, how you lost it, for example, did you let it expire or was losing your status outside of your control
  • when you lost your status
  • if you can renew your previous status
  • whether you can return to that country now
  • the risk you would face in your home country where you're afraid you'll be persecuted
  • the risk you would face in the country where you have or had status

You can submit evidence to show that your status is not the same as citizens of that country, for example:

  • you may not be able to enter and leave the country easily,
  • you may need permission to work, or
  • you might have to renew your status after a period of time.

Sometimes this means getting information on the laws of each country or expert evidence about the situation in each country.

You can also submit evidence to show that there's a risk you could be persecuted in that country.

This information helps the Refugee Board understand your rights in that country and decide whether to accept your refugee claim.

Crimes in another country

The Minister might intervene based on information that:

  • you committed a serious non-political crime in another country,
  • you broke human rights laws, or
  • you're guilty of acts that go against the principles of the United Nations.

This type of exclusion is based on Article 1F of the UN Refugee Convention.

If this happens, the Refugee Board can consider information about your activities in another country, including information about:

  • any crime you may have committed, even if you were not convicted
  • you being involved with any government, military, or organization that committed human rights abuses

You can submit evidence to respond to the Minister's intervention. These types of cases are very complicated. So, it's important to get legal help.

Submit evidence to support your refugee claim

You must send your evidence and submissions to the Refugee Board and Minister's counsel. Check the address on the Notice of Intent to Intervene for the address of the Minister's counsel who's intervening in your case.

Generally, you have until 10 days before your Refugee Board hearing to submit documents in support of your case. If the Minister sends evidence 10 days before your hearing, you have until 5 days before your hearing to respond to it.

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