November 2012

PREPARING FOR YOUR REFUGEE HEARING

WHAT DO I NEED TO PROVE AT MY REFUGEE HEARING?

To be accepted as a refugee from within Canada, you will need to show that you cannot return to your country of origin because of:

  1. A well-founded fear of persecution based on:
  1. Race
  2. Religion
  3. Political opinion
  4. Nationality
  5. Membership in a particular social group

Or

  1. That if you returned to your country of origin, you would face a personal risk of:
  1. Torture
  2. Risk to your life
  3. Risk of cruel and unusual treatment or punishment

You must also show that:

  1. You are not able to get protection from the government in your country.
  2. The risk affects you personally, and is not faced generally by other people in your country.
  3. You are not able to move safely to another area of the country and you have not been granted the right to remain in another country, where you would be safe.
  4. The risk is not the result of government laws (e.g. punishment for committing a crime) unless those laws violate international standards.

WHAT KIND OF PROOF SHOULD I GET FOR MY REFUGEE HEARING?

At your hearing, you will have to prove 3 things:

  • who you are;
  • what happened to you in your country; and
  • why you would be in danger if you had to go back.

The Board likes to see proof to back up your story. Here are some EXAMPLES of the kinds of documents that you should try to get if possible. These are only EXAMPLES; please try to get any other kind of proof you can.

You do not have to collect all of the documents on this list. The more proof you have, the better – but sometimes these kinds of documents do not exists, or you are not able to get them. The most important thing is that you MAKE EVERY EFFORT to get all of the evidence that you can.

Proving who you are

  • passport, national ID card
  • birth certificate, marriage certificate
  • credit cards, driver’s license, work ID
  • school records, diplomas, transcripts, etc.
  • bills with your name on them (phone bills, electricity bills, etc.)
  • a will, deeds to property, etc.
  • If you don’t have any other ID, can you get affidavits from members of your community in Toronto?

Proving what happened to you

  • Were there any newspaper reports describing what happened to you?
  • Did you keep a diary while you were living in your country?
  • Did you write any letters to friends or family describing what happened?
  • Ask them to send you these letters
  • Were there any witnesses?
  • Could they swear a statement telling what they saw?
  • If not, could they write a letter?
  • Are you in danger because of your political involvement?
  • Political party membership card
  • Letter from your political party
  • If your party leaders knew about what happened to you, be sure that they mention this in their letter
  • Copies of the minutes from party meetings
  • Photographs or videotapes of you participating in political events
  • Copies of any political materials you may have kept (pamphlets, brochures, etc.)
  • Are you wanted by the police?
  • A copy of the warrant for your arrest
  • Copies of any “wanted” posters with your name on them
  • Are you in danger because of a dispute over land or property?
  • Copies of wills, deeds, etc.
  • Copies of any court papers
  • Are you in danger from your spouse or former spouse?
  • Marriage certificate, divorce certificate, court papers, spousal support orders, etc.
  • Were you threatened?
  • Copies of threatening letters or emails
  • Audiotape of threatening telephone messages
  • Copies of any threatening messages directed to you on the internet (e.g. Facebook, Twitter, blog posts etc.)
  • Did you go to the police?
  • A copy of the police report
  • Has anyone who faces the same kind of danger as you (family, friends, colleagues, neighbours) been injured or murdered?
  • Newspaper reports about the incident
  • Medical reports
  • Death certificates
  • If you were injured, did you see a doctor in your country?
  • A medical report or letter from the doctor who examined you
  • Do you have any scars or any recurring physical symptoms (i.e. headaches, a stiff back, muscle pain)?
  • A report from a Canadian doctor confirming that you have scars or symptoms
  • Do you suffer from psychological trauma such as depression or anxiety? (Symptoms include feeling very sad or very worried; not being able to sleep or sleeping all the time; weight loss or weight gain, etc.)
  • A letter from a psychiatrist or counselor you saw in your country
  • A letter from a psychiatrist or counselor here in Canada.

Your lawyer can help you to set up an appointment with a psychiatrist or a doctor. If Legal Aid is helping you, your lawyer can arrange for Legal Aid to pay for a doctor or a psychiatrist’s report, but you will need to talk to your lawyer first before making any arrangements.

Proving why you’d still be in danger if you had to go back

  • Are there any recent newspaper articles that help to explain why it would still be dangerous for you to go back?
  • Do you have friends or family back home who can explain why it would be dangerous for you to return?
  • Could they swear a statement explaining why?
  • If not, could they write a letter?
  • Do you know other people who have had the same kind of trouble as you in your country?
  • What happened to them?
  • If they left the country, and were forced to return, did they have more trouble when they went back? If so, can you get any proof of this?
  • Newspaper articles
  • Sworn statements or letters from their family and friends