What is the country of reference?

The country of reference is the country whose conditions, laws, and persecutory or risk environment are assessed when evaluating a refugee claim. The Refugee Protection Division (RPD) — when deciding s.96 (Convention refugee) or s.97 (person in need of protection) claims — asks:

• Does the claimant have a well-founded fear (s.96) or face substantial risk (s.97) in the country of reference?
• Is the state of the country of reference unable or unwilling to provide protection?
• Is there an internal flight alternative (IFA) within the country of reference?

Identifying the country of reference

For most claimants, this is straightforward:

• Country of nationality — the country whose passport you hold

For claimants with complex nationality situations:

• Multiple nationalities: claimant must establish the risk applies in each country of nationality
• Stateless persons: country of former habitual residence is the reference
• Dual citizens: must establish risk in both countries

Why country of reference matters

The country of reference shapes:

• Country-conditions evidence the RPD will consider (UN reports, US State Department human rights reports, Amnesty International, etc.)
• State protection analysis — whether the country's police and judicial system would protect the claimant
• Internal flight alternative (IFA) — whether the claimant could safely relocate within the country instead of fleeing
• Profile-based persecution risk — what social, religious, political, or ethnic groups face persecution there

Country-conditions evidence

For each country of reference, the RPD considers:

• IRB's National Documentation Package (NDP) — country-specific dossier of human rights evidence
• US State Department Country Reports on Human Rights Practices
• UNHCR country guidelines
• Amnesty International, Human Rights Watch reports
• Specific incident reports relevant to the claimant's profile

When the country of reference is contested

In some cases the country of reference itself is contested — claimant says they're stateless; Minister says they hold citizenship. These are factually complex inquiries the RPD must resolve before assessing the substantive claim.

Halani's note

Establishing the right country of reference at the start of a claim is critical. Strong claims are built around the specific persecutory environment of that country — for the claimant's specific profile (gender, religion, political opinion, ethnicity, sexual orientation, etc.).