Basis of Claim (BOC) Preparation

The Basis of Claim (BOC) form is the foundational document in every refugee protection claim made to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). It is the single most important written submission in the entire refugee process. The BOC outlines who the claimant is, why they fear returning to their country, what harm they suffered, and what risk they face if removed. Every detail in the BOC is scrutinized for consistency, credibility, and alignment with objective country evidence. Errors, omissions, or contradictions in the BOC can destroy an otherwise strong claim—even before the hearing begins.

Let's have a comprehensive, lawyer-level guide to preparing a strong Basis of Claim (BOC) form, including legal standards, strategic drafting, evidence integration, trauma-informed approaches, pitfalls to avoid, and preparation for credibility testing. It is designed for claimants, lawyers, NGOs, and refugee support organizations.

Legal Framework

The BOC is required under:

• IRPA (Immigration and Refugee Protection Act),
• IRPR (Regulations),
• IRB Rules governing filing and disclosure,
• Chairperson’s Guidelines on trauma, gender, and vulnerable persons.

The BOC must be complete, truthful, and submitted within strict timelines.

Purpose of the BOC

The BOC serves to:

• provide a clear, chronological narrative of events,
• identify all relevant risk factors,
• outline the claimant’s personal history and identity,
• show reasons for leaving the home country,
• explain why return is unsafe,
• support the Convention Refugee and/or Person in Need of Protection definitions.

Members rely heavily on the BOC to prepare their questioning for the hearing.

Key Sections of the BOC

The BOC contains several critical components:

• identity information,
• family background,
• travel history,
• political, religious, or social activities,
• chronology of harm or threats,
• reasons for fearing return,
• state protection analysis,
• internal flight alternative (IFA) assessment.

Drafting a Strong Narrative

A strong BOC narrative must be:

• chronological – events in logical order,
• detailed – specific dates, places, names, actions,
• consistent – across testimony, documents, and country evidence,
• coherent – clear explanations for each step,
• personalized – unique to the claimant, not generic.

Avoiding Generalities

Claims must be based on individualized risk, not general country violence. Statements like “the country is dangerous” or “the government is corrupt” must be tied to personal circumstances.

Providing Specific Examples

• dates of attacks or threats,
• names of perpetrators,
• locations of incidents,
• witnesses,
• aftermath and consequences.

Identity Documentation and Foundation

Identity is the first threshold for credibility. The BOC must align with:

• passport or national ID,
• birth certificate,
• marriage/divorce certificates,
• educational records,
• employment documents.

Any discrepancy should be explained clearly.

Explaining State Protection Failure

Claimants must show:

• the government is unable or unwilling to protect them,
• previous attempts to seek help failed (if applicable),
• police corruption or bias,
• ineffective judicial or security systems.

Statements like “the police are corrupt” must be supported with:

• country reports,
• news articles,
• expert opinions.

Internal Flight Alternative (IFA)

The BOC must address whether relocation within the country is safe or reasonable. The claimant must demonstrate:

• the persecutor has national reach,
• they would be targeted anywhere in the country,
• relocation would be unreasonable due to gender, health, or financial limitations.

Trauma-Informed Drafting

Many claimants have experienced:

• violence,
• torture,
• sexual assault,
• domestic abuse,
• war-related trauma.

BOC preparation must follow trauma-informed guidelines:

• allow breaks,
• avoid pressuring details prematurely,
• gently clarify contradictions,
• use sensitive language,
• avoid re-traumatization.

IRB has specific guidelines for women refugees, LGBTQ claimants, minors, and survivors of torture.

Country Conditions Evidence Integration

BOC details must match objective reports. Examples:

• If the claimant states police are corrupt, include Human Rights Watch or U.S. State reports confirming corruption.
• If claiming persecution for sexual orientation, include NDP evidence showing criminalization or violence.
• If alleging gang threats, show local crime statistics or news reports.

Common Mistakes That Cause RPD Refusals

• incomplete timelines,
• contradictions between oral testimony and BOC,
• inconsistent dates or locations,
• generic claims without personal detail,
• failure to explain late claim or return trips home,
• missing supporting documents.

Consistency Across All Forms

BOC must match:

• IRCC eligibility interview notes,
• visa application history,
• police statements,
• medical records,
• CBSA travel history.

Preparing the Claimant for the Hearing

The BOC is the script for the hearing. Preparation includes:

• reviewing every detail,
• practicing answers for clarification questions,
• explaining inconsistencies,
• linking documents to events,
• ensuring the claimant understands their own narrative thoroughly.

Post-Submission Amendments

If new evidence or facts arise, the BOC can be amended prior to the hearing. However, amendments must be justified to avoid credibility concerns.

Role of Skilled Counsel

Lawyers assist in:

• drafting detailed, coherent narratives,
• identifying and correcting inconsistencies,
• collecting evidence and corroboration,
• preparing for trauma-related disclosure,
• mapping claims to Convention grounds,
• anticipating Member questions,
• representing at the RPD hearing.

Because the BOC is the cornerstone of every refugee case, professional preparation significantly increases the likelihood of a successful outcome.