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Late or missing documents

What if I don’t have travel or identity documents when I submit my BOC form?

You will have to explain why you don’t have any identity or travel documents. You will also have to show that you did everything you could to try to get these documents. If you are making a claim at a Immigration, Refugees and Citizenship Canada (IRCC) office, they might not give you an eligibility interview if they think your application is not complete. Talk to your lawyer or representative if you are having trouble getting documents that you need.

What if I get a document less than 10 days before my hearing?

Talk to your lawyer or representative right away, if you get a document less than 10 days before your hearing. If your lawyer or representative believes they are helpful to your case, you should submit them, even after the deadline has passed. As a last resort, you should bring the new documents to the hearing, and explain the situation to the Member. The Member might accept the documents, but there is no guarantee that they will do this. Refugee law organizations are working on sample arguments for submitting documents after the deadline has passed. Check the Canadian Association of Refugee Lawyers (CARL) website.

What if I can’t get an important document for my hearing?

You will have to explain at your hearing that you tried everything you could to get your documents. You should bring proof of your efforts, such as any letters, emails and faxes that you sent to ask for documents, and a list of your efforts, such as the University of Ottawa Refugee Assistance Project's (UORAP) To do List.

What if I am expecting an important document to arrive after my hearing?

Tell your lawyer or representative if you expect an important document will arrive after your hearing. They might be able to get permission from the decision maker (Member) to submit the document after your hearing. The Member might agree to wait to make a decision on your claim, but there is no guarantee that they will agree to do this.

What if a document arrives after my hearing or decision?

If an important document arrives after your hearing, talk to your lawyer or representative right away. If a decision has not been made yet, they may be able to submit it right away. If a decision has not been made yet, it is supposed to be considered by the Member. If your claim has already been rejected, you might be able to make an Application to reopen to have your claim reconsidered with the new document. If you are eligible for an appeal, you might be able to submit the new document during an appeal to the Refugee Appeal Division (RAD). Discuss these options with your lawyer or representative.