The Basis of Claim Form (BOC) is an integral part of the refugee determination process. It is how the IRB first learns about you and your asylum claim. The BOC is provided so you can give details about yourself (your identity, family, documents and travel history) and about why you are claiming refugee protection in Canada. Failure to fill in the BOC in the prescribed time period can result in the abandonment of a claim. You will have received the BOC from the IRCC or CBSA.
The extraordinary influx of claims into Quebec in recent weeks and high number of claims referred to the IRB on a daily basis is creating challenges for claimants and the RPD to ensure all documents needed are received in the period required under the legislation.
Claimants who were referred to the IRB have to provide their BOC at referral or within 15 days at the IRB reception desk, via mail or e-post connect.
The IRB has put in place through a Practice Notice which outlines revised procedures regarding the timely receipt of the Basis of Claim (BOC) Form and what the RPD will accept as a completed BOC Form.
A BOC will be considered complete if the following questions are filled:
- Question 1: Identifying information
- Question 8: Contact information
- Question 9: Counsel information
- Question 10: Language and interpreter
- Question 11: Claimant’s declaration
- Question 12: Interpreter’s declaration (if applicable)
If the claimant fails to answer these basic questions, the BOC Form will be considered incomplete and the claimant is required to attend their abandonment hearing. The date for this abandonment hearing is indicated on the claimant’s Notice to Appear provided to them by the referring officer.
At a later date, the RPD will provide a notice to the claimant indicating when the responses to the remainder of the questions are due. Claimants are also encouraged to submit the remainder of their BOC Form as early as possible, regardless of when they receive a notice to complete the questions.
Please consult the complete text of the Practice Notice for detailed information.