Refugee Claim & Appeal

Two Grounds for Refugee Protection

Canadian refugee law recognizes two distinct grounds for protection. A claimant may qualify under either or both. The narrative, evidence, and country-condition documentation differ depending on which section is engaged.

What we handle

• Eligibility consultation and pathway analysis (refugee claim vs other options)
• Initial claim filing — port of entry, inland, or online
• Basis of Claim (BOC) Form drafting in claimant's own voice with interpreter support
• Country-condition evidence research and the National Documentation Package (NDP)
• Witness coordination, expert reports, and corroborating documentation
• RPD hearing preparation — multiple mock-question sessions, document binder
• RPD hearing representation
• RAD Notice of Appeal (15 days) and Perfected Appeal (30 days)
• Pre-Removal Risk Assessment (PRRA) submissions where eligible
• Humanitarian & Compassionate (H&C) applications
• Designated representative requests for minors and vulnerable claimants
• Federal Court judicial review referrals to counsel partners

Our Refugee Claim Process

Processing Times

Why Claims Are Refused — and How We Pre-Empt the Risks

Most negative decisions cluster around credibility, internal flight alternative, and state protection. Strong preparation at the BOC and pre-hearing stages is the best defence.

• Credibility findings — inconsistencies between the BOC, port-of-entry notes, and oral testimony at the hearing
• Internal Flight Alternative (IFA) — the panel concludes the claimant could safely live elsewhere in their country of nationality
• State protection — the panel concludes the home state can and would protect the claimant if they sought help
• Section 1F exclusion — exclusion from refugee protection due to serious criminality, war crimes, or acts contrary to UN principles
• Designated Country of Origin determinations (now largely repealed but still relevant for older cases)
• Subjective vs objective fear — the panel finds the fear genuine but not objectively well-founded
• Generalised risk — the panel finds the risk faced by the population at large, not personal to the claimant (relevant under s. 97)

Why Choose Halani Immigration Services Inc. for Refugee Representation

Refugee work is the most consequential immigration practice; a wrong outcome can mean removal to genuine danger. We bring full RCIC-IRB representation rights, careful preparation, country-conditions research, and a trauma-aware practice approach. As RCIC-IRB practitioners are not covered by Legal Aid certificates, we offer reduced-fee options in appropriate cases for clients who may not be able to afford full retainer fees.

• RCIC-IRB licensed (CICC R711322), authorized at all IRB tribunals (RPD, RAD, ID, IAD)
• Trauma-aware practice: we work at the pace each claimant can sustain, with interpreters where needed
• Reduced-fee options may be available in appropriate cases.
• Multiple language capability: English, Urdu, Hindi, Gujarati, and Katchi
• Confidential: every conversation is protected. The initial assessment is free.

How a Refugee Claim Moves Through the IRB

The claim process is procedurally strict. Missed deadlines have severe consequences — including the claim being abandoned. Many of our clients come to us after a missed deadline; while some can still be salvaged, prevention is dramatically better than cure.

• Claim filed at the port of entry on arrival OR inland at an IRCC office or online
• Eligibility determination — the officer decides if the claim is eligible to be referred to the RPD
• Referral to the Refugee Protection Division of the IRB
• Basis of Claim (BOC) Form — must be submitted within 15 days of referral. The BOC is the foundation of the entire claim
• Hearing scheduling: After referral to the Refugee Protection Division, the IRB will notify the claimant if a hearing is required. Timelines vary significantly based on IRB inventory, case readiness, security screening, location, interpreter availability, and the complexity of the claim.
• RPD hearing — claimant testifies under oath, counsel/representative makes submissions, country-condition evidence is filed, witnesses may be called
• Decision issued in writing — typically within 90 days of the hearing
• If refused: 15 days to file a Notice of Appeal at the Refugee Appeal Division; the appeal must be perfected within 30 days of the Notice
• If RAD refuses or appeal is not available: Federal Court judicial review may be possible (in collaboration with counsel)
• Post-IRB: Pre-Removal Risk Assessment (PRRA) and/or Humanitarian and Compassionate (H&C) application may be available

The Basis of Claim (BOC) Form

The Basis of Claim form is the single most important document in the entire process. It sets out the narrative of why the claimant fears returning and forms the framework for the RPD hearing. Inconsistencies between the BOC and oral testimony at the hearing are a leading reason for negative credibility findings — and credibility is the central issue in most refugee determinations.

We draft the BOC narrative carefully, in the claimant's own voice, with interpreter support where needed, and with attention to the chronology, geography, and corroborating evidence. We never "polish" the narrative beyond what the claimant can sustain on testimony — what's in the BOC must be exactly what the claimant can say at the hearing.

RAD Appeal — When and How

Most negative RPD decisions can be appealed to the Refugee Appeal Division. The RAD reviews the case on the record from the RPD hearing — it does not normally conduct a new hearing. New evidence is admissible only in narrow circumstances (e.g. evidence that arose after the RPD hearing, or that was reasonably unavailable at the time).

• Notice of Appeal — filed within 15 days of receiving the RPD decision
• Perfected Appeal — full memorandum, transcript of RPD hearing, and any new evidence within 30 days of Notice
• RAD reviews the RPD's record, identifies errors of fact or law, and may substitute its own determination
• Some categories of claimants do NOT have RAD access (e.g. designated foreign nationals, certain Designated Country of Origin cases, port-of-entry claims with manifestly unfounded determinations) — these cases go directly to Federal Court judicial review
• If RAD refuses, judicial review may be sought at the Federal Court (in collaboration with counsel) within 15 days

Post-IRB Options — PRRA and H&C

• Pre-Removal Risk Assessment (PRRA) — a risk-based reassessment conducted by IRCC, usually triggered when removal is imminent. New risk evidence and country-condition changes can be considered. Most claimants are bar-restricted from PRRA for 12 months after a negative IRB decision.
• Humanitarian & Compassionate (H&C) application — assesses whether the claimant should be granted PR on humanitarian grounds (best interests of children, establishment in Canada, hardship if returned). Risk factors already considered by the IRB cannot be re-litigated, but related hardship can be considered.

Confidential, Trauma-Aware Representation

Refugee claimants are often retelling experiences they have spent years trying to forget. We work at the pace each claimant can sustain, with breaks, with interpreters where needed, and with no judgement about how the narrative emerges. Every conversation is confidential and protected. We brief vulnerable claimants carefully on what to expect at the hearing — the courtroom layout, the questioning style, the role of the Minister's representative if present, and the right to ask for a break.

Frequently Asked Questions

Fees

Halani Immigration offers reduced-fee representation for refugee claimants in appropriate cases. As RCIC-IRB practitioners are not covered by Legal Aid Ontario certificates, we do not accept Legal Aid certificates. However, we understand that many refugee claimants face financial hardship, and we try to provide fair and accessible fee options where possible. The initial assessment is free and fully confidential. Speak to us first.

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