Evidence plays an important role in the analysis of an asylum claim before the Refugee Protection Division (RPD). It notably helps support the claimant's identity, corroborate certain elements of the narrative, and demonstrate the circumstances underlying the claim for protection.
Preparing an evidence file requires particular attention to the relevance of the documents, their translation where necessary, and compliance with the applicable deadlines. Documents must be submitted in accordance with the requirements of the Immigration and Refugee Board of Canada (IRB).
This article presents the main types of evidence that may be used in an asylum claim, the rules governing their submission, as well as certain considerations to keep in mind when an important document is not available.
Key Takeaways
- Evidence helps support an asylum claim by providing information about the claimant's identity, the events underlying the claim, and the alleged risks in the event of return to the country of origin.
- There is no list of mandatory documents applicable to all asylum claims. Relevant evidence depends on the specific circumstances of each file.
- Documents must be submitted to the Refugee Protection Division (RPD) within the applicable deadlines and must meet presentation requirements, including translation where necessary.
- The absence of certain documents does not automatically mean an asylum claim will be refused. However, it is important to explain the reasons why certain elements cannot be obtained.
- Rigorous preparation of the evidence file allows a coherent narrative and the relevant elements for the analysis of the claim to be presented to the RPD.
Main Types of Evidence in an Asylum Claim
There is no exhaustive list of evidence that may be submitted before the Refugee Protection Division (RPD). Rather, evidence must be selected based on the specific circumstances of each file and the fear of persecution or alleged risk.
Generally speaking, an asylum claim may be supported by various types of elements, including identity documents, documents related to the alleged events, elements corroborating the narrative, information on the situation in the country of origin, or testimony.
What Evidence Can Support an Asylum Claim?
Each asylum claim is assessed according to its own facts. There is no predetermined list of documents that guarantees a claim's acceptance. Rather, the evidence submitted must allow the Refugee Protection Division (RPD) to understand the claimant's identity, the events underlying the claim, and the alleged risks in the event of return to the country of origin.
Depending on the circumstances, evidence may include:
- documents establishing the claimant's identity and citizenship;
- documents related to the alleged events (for example, police reports, medical records, messages, photographs, or relevant communications);
- documents corroborating certain aspects of the narrative;
- testimony from individuals who can confirm important elements of the file;
- any other document relevant to the circumstances of the claim.
Documents that are neither in French nor in English must generally be accompanied by a translation that complies with the applicable IRB requirements.
Identity and Citizenship Documents
Establishing identity is an important starting point in the analysis of an asylum claim. Identity documents generally serve to establish the claimant's identity, nationality, and certain personal information. They may include a passport, a national identity card, a birth certificate, or any other relevant document.
The absence of identity documents does not automatically mean an asylum claim will be refused. However, the claimant must generally explain the reasons why these documents are not available and, where possible, demonstrate the steps taken to obtain them.
Personal Narrative and Basis of Claim (BOC) Form
The Basis of Claim (BOC) Form presents the essential elements of the claimant's narrative and forms the basis on which the RPD will analyze the claim. It must be completed carefully and present a complete, precise, and coherent narrative.
The statements made in the BOC Form will be compared with the testimony given at the hearing and with the other evidence submitted. Significant or unexplained discrepancies may affect the assessment of the claimant's credibility.
Information on the Situation in the Country of Origin and the National Documentation Package (NDP)
In analyzing an asylum claim, the Refugee Protection Division (RPD) takes into account not only the claimant's personal narrative, but also the general situation in their country of origin.
To this end, the Immigration and Refugee Board of Canada (IRB) prepares a National Documentation Package (NDP) for each country. The NDP brings together various sources of information used by the RPD, including documents on the political, social, economic, or human rights situation in the country concerned.
The NDP forms part of the reference file used by the RPD and generally does not need to be produced by the claimant. However, depending on the particular circumstances of a claim, certain additional documents may be relevant to clarify specific elements of the file or to respond to questions raised during the analysis of the claim.
Witness Statements and Corroborating Evidence
In certain situations, individuals with direct knowledge of certain elements of the file may provide a written statement to support the asylum claim. These statements may come from family members, friends, colleagues, or other individuals who witnessed certain relevant events.
A witness statement should clearly explain the relationship between the witness and the claimant, the facts of which the witness has personal knowledge, and the circumstances under which those facts were observed. A general statement, or one based solely on information reported by other individuals, will generally carry limited weight.
Deadlines for Submitting Documents to the RPD
Documents submitted in support of an asylum claim must be provided to the Refugee Protection Division (RPD) in accordance with the deadlines set out in the RPD Rules. As a general rule, the evidence and other documents that the claimant wishes to use at the hearing must be disclosed within the applicable deadline before the hearing.
Meeting these deadlines is important, as the RPD may refuse to consider certain documents that were not submitted in accordance with the applicable rules, unless particular circumstances justify their admission.
Documents must also meet certain presentation requirements, including being legible and, where required, accompanied by a compliant translation in one of Canada's official languages.
What If Certain Documents Are Not Available?
The absence of certain documents does not necessarily mean that an asylum claim cannot be granted. In many situations, documents may be difficult or impossible to obtain, particularly when requesting them could expose the claimant to risk, or when the authorities in the country of origin are not accessible.
When a relevant document is not available, it is important to explain the reasons for its absence and, where possible, to retain evidence of the steps taken to try to obtain it.
The RPD will assess the evidence as a whole, including the explanations provided regarding the absence of certain documents.
Digital Evidence and Social Media
Digital evidence can, in certain circumstances, help support an asylum claim. This may include social media posts, electronic communications, messages, or other online content related to the events described in the claimant's narrative.
Its relevance, however, depends on the connection between these elements and the alleged facts. When submitted, it is preferable to retain the information needed to understand its context, including the date, source, and circumstances under which the content was obtained.
As with any other piece of evidence, the Refugee Protection Division will assess the probative value of digital documents based on their reliability and consistency with the file as a whole.
The Role of a Lawyer in Preparing Evidence
Preparing evidence is an important step in an asylum claim. A lawyer can help identify relevant documents, assess their connection to the elements the Refugee Protection Division (RPD) must analyze, and present the file in a structured manner.
This guidance can be particularly useful when certain documents are difficult to obtain, when elements need to be explained, or when questions arise regarding translation, presentation, or compliance with applicable deadlines.
Preparing an Evidence File for an Asylum Claim
Each asylum claim presents its own particular circumstances. The relevance of the documents to be produced depends notably on the alleged facts, the claimant's narrative, and the elements that must be demonstrated before the RPD.
Blain Avocats assists individuals with their immigration proceedings, including asylum claims, helping them prepare a file that presents the relevant elements of their situation.
