REFUGEE FORUM II. From PIF to BOC: Helping clients in the new refugee system. Presented by Carolyn Padgett- Articling Student

Transcription

1 REFUGEE FORUM II From PIF to BOC: Helping clients in the new refugee system Presented by Carolyn Padgett- Articling Student

2 2 BOC Replaces PIF (Personal Information Form) POE claimants 15 days Inland claimants at time of eligibility interview (1 2 weeks - regional) Similarities: The importance of the PIF and BOC are the same Dual purpose: they provide the claimant s story in advance of the hearing and they give the IRB something to test credibility In many respects, the forms share the same purpose of getting information from the claimant about their fear what happened, when they left and how they came but the immediate difference is that the BOC asks a series of many questions whereas the PIF was more open-ended in asking for the narrative or story to be included Even though the instructions emphasize user-friendliness, the PIF now BOC is really a legal document. You don t want to be fooled into thinking that you are merely completing a form. Not a benign request for information, take home point: requires careful drafting. Still, the forms ask the same type of questions to get at the root of the claim. Differences: The biggest difference is the TIME LIMIT for completion of the BOC You have 15 calendar days to submit a BOC to the RPD (no longer 28 days) Inland claims: submit to CIC or CBSA at eligibility interview Now need to send BOC to IRB and to the Minister (CBSA) Send by courier, or fax (if less than 20 pages): do NOT send by regular mail Let s look at some of the questions that the BOC asks: (7 minutes)

3 BOC! BOC! BOC!

4 What is in BOC? Who are you? name gender birthplace nationality ethnicity language and dialect religion 4 -the BOC is different from the PIF as we will now see because it includes specific sub-questions (8 min)

5 5 If you return to your country do you fear harm, mistreatment, threats by anyone? YES NO IF YES, EXPLAIN:

6 6 Have you or family experienced harm, mistreatment threats by anyone? YES NO IF YES, EXPLAIN:

7 Did you ask authorities such as police or other organization to protect or assist you? 7 Yes No If no explain: If yes explain: It is important that claimants and those assisting them know that they don t have to feel constrained by the number of lines on the form if they need more room to answer the question take it, and add another sheet of paper. (11 mins)

8 8 When did you leave your country? Provide details:

9 9 Why did you leave then, not sooner or later?

10 10 Did you move to any other part of your country to seek safety? Yes No If no explain why not: If yes explain in detail: (11 min)

11 11 Did you move to another country for safety? Yes No If yes explain in detail:

12 Are children less than 18 claiming refugee protection with you? Yes No If yes are you parent? If not, do you have legal documents or consent to care for child? 12 *NEW

13 13 If child 6 years or younger is claiming protection, explain why Questionable why 6 is the cut-off- assuming older than 6 they can do it on their own??

14 14 Give any other details important to your claim: Again do NOT feel constrained by the number of lines provided and tell the client they can take as much space as they need

15 I am claiming protection because I fear persecution for reasons of: 15 Race Religion Nationality Membership in a particular social group Political opinion (15 min)

16 16 I am claiming protection because I face a risk to my life or a risk of cruel and unusual treatment or punishment: YES NO Substance has not been changed

17 Other questions Countries where you have lived/have status? Relatives living or dead Previous refugee claims; you/relatives Where and when you travelled Your documents Your visa applications

18 18 Questions BOC does NOT ask: Education history Employment history Military service history Potential involvement in war crimes Previous arrests, imprisonment, convictions, etc This information WAS in the PIF. Now the story is divorced from who the claimant is This information will still be gathered, but it is going to be gathered on other forms, at another time.

19 19 OTHER FORMS: Generic IMM 008 form IMM 008 DEP Form Schedule 12 Schedule A Does anyone have any experience working with these forms? These are the forms needed for applying for refugee status from inside Canada IMM 8 is General Application Form for Canada- is 5 pages IMM008 DEP form is Additional dependants declaration form- is 3 pages Schedule 12 form is Additional Information Form for Refugee Claimants inside Canada- is 4 pages Schedule A is background declaration form- 4 pages So in total you are looking at an additional 16 pages of forms to fill out plus the BOC- in total this is 28 pages! (20 min)

20 20 Who completes these forms? CBSA officer who does eligibility screening: POE cases at time of entry Inland claims given a week or two to complete and bring back for bring back with completed BOC for eligibility interview Often filling out the info parts can help with the story and vice versa problematic to split them and remains to be seen whether claimants will be given a copy of the forms that they complete at their eligibility interviews such short timelines may not realize that something was omitted in first instance until at the hearing or may need someone other than CBSA officer to ask the right question may not be comfortable opening up to a stranger official in a uniform (20 mins)

21 Any relief from deadlines? Can I get an extension of time to file BOC? = Have to ask for it 3 days before deadline What if I don t get it in on time? = Claim goes to abandonment hearing 5 days after it was due

22 Accelerated hearing dates POE claims = 45 days for DCO or 60 days after eligibility INLAND = 30 days for DCO or 60 after eligibility Hearing dates are set after eligibility made and when BOC received hearing dates have been massively accelerated from average now of 19 to 21 months to approximately 2 months

23 PCLS ASSISTED INTERVIEW PROJECT FOR BOC 23 LAO funded Early stages of development Audience: private bar, clinics, shelters, community agencies, law students Aim to have it done by June 2013 PCLS BOC Project Parkdale has been given funding from LAO to develop a tool to assist with completion of BOC They have been in touch with Peter Showler at Ottawa U and the Refugee Assistance Project and will be holding consultations. Aim is not to just be a computer program to assist the government in gathering information but to assist those filling the forms to get underneath the questions and appreciate some of the more nuanced things that can and should be asked of claimants to truly capture what is relevant and useful to their claim. They are working on it and hope to have it done by June 2013 early stages of development and they recognize constraints

24 Strategies for assistance 3 ways to test credibility, Board looking for: Inconsistencies Omissions Implausibilities Board will compare the BOC, forms and testimony and claimant docs Importance of careful drafting (25 min)

25 Inconsistencies Drafting tips: avoid inconsistency traps Caution using specific DATES Time between events Compare with info part of BOC, and forms Compare the BOC form with the POE notes: see the information section Ask for POE notes Do an internal check

26 Other potential traps Omissions: Something not in BOC that comes out at hearing in testimony Info that wasn t requested on the form

27 Implausibilities: Ask your client Question client! If it doesn t seem right to you, ask more Issues could be in terms of amendments, new information arising, change of counsel/perspective, or any last minute changes that could emerge in pre-hearing prep (27 min)

28 Gathering evidence Discuss what client can get newspaper articles, ID, membership card, police/ medical reports Referral for a pscyh/med assessment Make list for client Must be submitted to IRB 10 days before hearing, (BOC amendments too) What proof is necessary? What proof can you obtain? REFER TO DLS RPD HANDOUT Making list helpful because clients know what is expected of them There is no time to waste claimants need to have a plan right away Overwhelming newly arrived, need to find a home, food, maybe school for kids, all without English in many cases be conscious of this Note that disclosure is now 10 days before the hearing not 20 BUT we have way less time because the hearing is

29 29 How to start a BOC Does claimant have copies of forms already submitted? Any amendments needed to those forms? Tell claimant to bring forms to hearing Assist claimant in collecting his or her thoughts and writing down what happened in chronological order Do not feel constrained by small space Write a cover letter to IRB with context if this would be beneficial Keep a copy of the BOC and send a copy to IRB and CIC Cover letter- (30 min) May be helpful to provide board with explanation of how long you have had to prepare the form, circumstances, perhaps even the fact that the Board should expect further elaboration at the hearing