If you have a legal question, and you live in Ontario, this site is for you.
LawFacts provides in-depth legal information and resources.

 

Completing your Basis of Claim form for an inland claim

The Basis of Claim (BOC) form is an important part of your refugee claim. It explains who you are, what you are afraid of in your country and why you need refugee protection in Canada. Get legal help as soon as possible.

Why should I get help with the BOC form?

Get help with your Basis of Claim (BOC) form right away.

The BOC form asks detailed questions based on the law. Knowing what information to include in your answers to prove your claim can be difficult.

Your answers must perfectly match any documents that you submit. Even the smallest difference in names, dates or facts can be a big problem. The information in your BOC form should also match your immigration forms. Your lawyer or representative should review your documents to make sure they match your BOC form and support your claim.

The Basis of Claim (BOC) form

When is my Basis of Claim (BOC) form due?

If you start a claim inside Canada, you will not have a deadline for your BOC form. When you visit a Immigration, Refugees and Citizenship Canada (IRCC) Office to start your claim, they will give you a list of forms to complete, including the BOC form and other immigration forms. You will submit your completed BOC form, immigration forms, and translated identity and travel documents in person at the CIC Office when you are ready.

What should I do if I have any problems

It is important to write down any problems or difficulties you have with the process in your BOC form. You should also tell the person making a decision on your claim about these problems during your hearing. This will put your problems “on the record” and help explain any information that you left out or mixed up. Refugee organizations are working on “disclaimers” to explain different problems you might have, depending on your case. These will be available soon.

Where can I get a Basis of Claim (BOC) form?

You will be given a BOC form when you begin your claim. You can fill in your copy by hand, or download a copy from the IRB website.

Filling out the Basis of Claim form

How should I fill out my form?

You can fill out your BOC form by hand or on a computer. If your answers do not fit in the spaces provided, you can attach extra pages. Make sure that you write your name and claim number and the question you are answering on any pages that you attach.

Is my BOC form the only form I must fill in?

If you made a claim from inside Canada at CIC office, you have to complete the following immigration forms and hand them in with your BOC form: You will be given these forms when you are given your BOC Form, or you can download them from the Immigration, Refugees and Citizenship Canada (IRCC) website and complete them.

Should each family member have their own BOC form?

Yes, everyone in your family should fill out their own BOC Form. For example, if you are arriving with a common-law partner or spouse, you will each need your own form. Children under 18 years need their own form as well, but their parent or guardian will sign the form for them. Children six years or under only need to complete Part 1, “Who you are.” You only need to answer some questions once for your whole family, if you all are afraid of returning to your country for the same reasons. If this is the case, in the “Details about your claim” section of your BOC form, you can give the same answers for everyone in your family. If you are the main person making a claim, provide the answer in your form, and then write “See [your name]’s Basis of Claim (BOC) Form, Claim No. [your claim number]” in your family’s other BOC forms. If anyone has different answers or reasons to be afraid, they would need to answer separately.

Should each family member have their own immigration forms?

Children under 18 do not need to fill out their own immigration forms, but every other family member will need their own. See Immigration, Refugees and Citizenship Canada's Applying for Refugee Protection from within Canada (Guide) for instructions on how to fill out these forms.

What if a child makes a claim alone?

If children under 18 make a refugee claim without any family members, a “designated representative” will be appointed for them. This person completes the entire BOC form and signs it for them, though the minor may need to provide information to the representative to assist him/her in completing the form.

What should I do before I sign my BOC form?

Make sure that you know exactly what is written in your answers before you sign. If you do not understand English or French, make sure that someone interprets the entire form to you. Correct any incorrect information before you sign.

Submitting the Basis of Claim form

How do I submit my BOC form?

Bring your signed BOC form and your other forms in person to the CIC when you have completed them – there is no deadline. You will need the original and a copy of each. You should bring two copies of any translated identity or travel documents you are submitting. Keep a copy of all the forms and documents you submit.

Can I change my answers after I submit my BOC form?

Yes. You can make changes to your answers until 10 days before your hearing. To make changes to your BOC form, you need to underline any information that you want to add, and cross out any information that you want to remove. You also have to explain why you are changing your answers. This might be complicated, so ask a lawyer or representative for advice. Sign and date any pages that you have changed. Send two copies of the changes to the IRB. Refugee organizations are working on resources for how to explain why you could be making changes, depending on your case. These will be available soon.

Getting help with the Basis of Claim form

What other resources are out there to help?

Read the instructions in the Claimant’s Guide, Immigration, Refugees and Citizenship Canada's Guide: Applying for Refugee Protection from within Canada, and the Appendix attached to your BOC Form. Refugee organizations are working on more resources to help with your BOC form. These will be available soon.