Refugee Protection Claims (RPD)

A Refugee Protection Claim at the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) is one of the most complex and consequential legal processes in Canada’s immigration system. A successful RPD claim grants the claimant protection, stability, and a pathway to permanent residence. A negative decision, however, may result in detention, removal, and long-term barriers to returning to Canada. Because each claim must satisfy precise legal tests, meet strict evidentiary burdens, and overcome credibility challenges, preparation is critical. Poorly drafted Basis of Claim (BOC) forms, inconsistent testimony, missing documents, or weak country evidence can destroy a claim regardless of the claimant’s true circumstances.

Let's have a comprehensive, lawyer-level examination of Refugee Protection Claims before the RPD. It covers eligibility, legal definitions, claim preparation, evidence strategy, hearing procedure, credibility assessment, post-decision options, and the role of counsel. It is designed to support claimants, lawyers, advocates, and organizations working with individuals seeking protection in Canada.

Legal Framework

RPD claims are governed by:

• Immigration and Refugee Protection Act (IRPA),
• Immigration and Refugee Protection Regulations (IRPR),
• IRB Chairperson’s Guidelines (gender claims, sexual orientation, children, trauma-informed practice),
• UNHCR Handbook (persuasive international standards),
• Federal Court jurisprudence.

Types of Claims Heard at the RPD

1. Convention Refugee Claims

Based on a well-founded fear of persecution due to:

• race,
• religion,
• nationality,
• political opinion,
• membership in a particular social group (e.g., LGBTQ, gender-based, family-based).

2. Person in Need of Protection Claims

Based on:

• risk to life,
• torture,
• cruel and unusual treatment or punishment.

Claimants must show that the state is unable or unwilling to protect them and that internal flight alternatives (IFAs) are inadequate.

Eligibility to Make a Claim in Canada

A person can make a refugee claim unless they are ineligible due to:

• a prior rejected claim,
• serious criminality or security grounds,
• recognized refugee status in another country,
• the Safe Third Country Agreement (with certain exceptions).

Starting the Claim: Eligibility Interview

At IRCC or CBSA, officials:

• confirm identity,
• collect biometrics,
• conduct background checks,
• issue a Confirmation of Referral to the RPD.

The Basis of Claim (BOC) Form

The BOC is the core of the claim. It must:

• provide a clear narrative of persecution or risk,
• explain past harm and future fear,
• list key dates and events,
• outline family information,
• identify political or group affiliations,
• explain why the state cannot protect the claimant.

Inconsistencies between the BOC and testimony at the hearing are a major reason for refusals.

Documentary Evidence Strategy

Strong claims include:

• identity documents (passports, birth certificates),
• medical records,
• police reports,
• witness statements,
• news articles,
• country reports,
• screenshots of threats,
• photos, videos, or audio evidence.

Evidence must be authentic, relevant, and properly translated.

Country of Origin Information (COI)

COI is critical to establishing context and corroborating the claim. Useful sources include:

• IRB National Documentation Packages (NDP),
• UNHCR reports,
• U.S. State Department reports,
• Human Rights Watch and Amnesty International,
• academic papers,
• expert affidavits.

Preparation for the RPD Hearing

Preparation includes:

• mock interviews,
• review of BOC and evidence,
• testimony practice,
• credibility coaching,
• explanation of contradictory or missing documents,
• translation support.

Trauma-informed practices are essential for sensitive claims.

Credibility Assessment by the RPD

Members assess:

• internal consistency of testimony,
• consistency with BOC,
• timing of the claim,
• demeanor,
• plausibility,
• documentation quality,
• adherence to country evidence.

Internal Flight Alternative (IFA)

Members analyze whether the applicant can safely relocate to another region of the home country. The claimant must prove relocation is:

• unsafe,
• unreasonable,
• not viable in their circumstances.

State Protection Assessment

Claimants must show the home country’s government cannot or will not protect them. Factors include:

• police corruption,
• ineffective prosecution,
• systemic discrimination,
• prior failed attempts to seek help.

Exclusion Clauses — Article 1F of the Refugee Convention

Claimants may be excluded due to:

• war crimes,
• serious non-political crimes,
• acts contrary to UN principles.

These cases involve heightened scrutiny and complex evidence.

The Refugee Hearing

At the hearing:

• the claimant testifies,
• the Minister’s Counsel may appear (for high-risk cases),
• the RPD Member questions the claimant,
• counsel presents legal argument.

Hearings may last several hours and require careful preparation.

Possible Outcomes

1. Positive Decision

The claimant becomes a Protected Person and may apply for permanent residence.

2. Negative Decision

Options include:

• RAD appeal (if eligible),
• Federal Court judicial review,
• PRRA once eligible,
• H&C application in limited circumstances.

Post-Hearing Strategy

If refused, counsel should immediately:

• request written reasons,
• assess errors in fact or law,
• compile documentary record for review,
• advise on stay of removal if needed.

High-Risk Claim Categories

• claims based solely on generalized violence,
• late-filed claims,
• claims without corroborating documents,
• return travel to home country post-arrival,
• multiple inconsistent statements,
• prior immigration refusals.

Role of Skilled Counsel

Experienced counsel is essential for:

• drafting persuasive BOC forms,
• collecting strong evidence,
• preparing claimants for testimony,
• challenging Minister’s evidence,
• advancing legal arguments on IFA and state protection,
• appeals and Federal Court litigation.

A Refugee Protection Claim at the RPD requires precision, clarity, and extensive documentation. With experienced counsel and thorough preparation, claimants significantly increase their chances of securing protection in Canada.