Top 6 mistakes when making a Refugee claim
Navigating the refugee claim process can be challenging, and avoiding common pitfalls is crucial. Here are the top six mistakes to steer clear of:
1. Insufficient Research or Legal Support: Many individuals underestimate the importance of consulting an experienced refugee lawyer. You may believe your claim is straightforward and that you can manage it alone, but this is a common misconception. Statistics show that individuals who have the guidance of experienced refugee lawyers are significantly more likely to succeed in their claims. Moreover, credibility is often assessed at the hearing by comparing your testimony with previous statements. To maximize your chances, ensure you are well-prepared before filing your claim.
2. Lack of Preparation for the Hearing: Failing to prepare thoroughly is a recipe for failure. Review your Basis of Claim form and narrative carefully, and take the initiative to prepare for the hearing. Numerous resources are available to help you. An experienced refugee lawyer can provide insight into the types of questions you might face—while they may not predict every question, they can help you anticipate about 80-90% of them. Additionally, reviewing the National Documentation Package (NDP) and familiarizing yourself with relevant country conditions is essential. Investing time, effort, and possibly finances into preparation is vital for presenting your best case.
3. Inadequate Corroborative Evidence: Although case law indicates that corroborative evidence is not strictly required for credible claimants, failing to provide available evidence can raise questions about your case. The specific evidence required will depend on your claim profile and the allegations made in your narrative. It's crucial to determine what evidence might strengthen your claim.
4. Excessive Evidence: Interestingly, providing too much evidence can also create complications. There is a concept known as “gilding the lily,” where an overabundance of evidence can lead to as many questions as a lack of evidence. It’s important to focus on the most relevant and impactful evidence. Consulting an experienced refugee lawyer can help you navigate this aspect more effectively.
5. Misunderstanding the Nature of a Refugee Claim: A refugee claim revolves around personalized risk and is not merely about hardship or sympathetic considerations. You will need to address key issues, such as your identity, credibility, the legitimacy of your fear of persecution, the agents of persecution, and whether there is available state protection. Furthermore, you may need to establish if there is a safe and reasonable alternative location within your home country (known as an Internal Flight Alternative) where you can reside safely.
6. Choosing an Inexperienced Lawyer or Consultant: The experience of your immigration lawyer or consultant is critical. You cannot afford to have someone learning on the job, as this could jeopardize your case. It’s advisable to ask your representative about their experience, including how many hearings they have conducted and whether they have handled claims similar to yours. Inquire about their familiarity with your home country’s conditions and relevant Jurisprudential Guidelines. Additionally, ask if they have experience appealing denied refugee claims and if they have appeared before the Federal Court. You can also check if your representative has any reported cases on CanLII.
Conclusion
Successfully obtaining protection in Canada grants you and your family the right to remain, apply for travel documents, and seek Permanent Residence. Conversely, a refusal can result in further complications and financial strain. Being aware of these common mistakes and seeking proper guidance can significantly enhance your chances of a successful outcome. Good luck!
