15days
Basis of Claim form
At a port of entry, the BOC form goes to the RPD within 15 days after referral.
IRPR s.159.8(2)Refugee claims before the Refugee Protection Division
Refugee claims made in Canada are decided by the Refugee Protection Division (RPD) of the Immigration and Refugee Board. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents claimants at RPD hearings.
15 daysBasis of Claim after a border referralRPDan IRB divisionEN / RUmeetings in either language
Free assessment
Tell us where you claimed and the date on your referral letter.
The dates a claimant cannot miss
Set by the Immigration and Refugee Protection Regulations (IRPR) and the RPD Rules, 2012.
10days
Contact information
Address and phone number go to the RPD and the Minister within 10 days of the referral papers; changes, without delay.
RPD Rules, rule 410days
Evidence for the hearing
Documents must reach the Division 10 days before the hearing.
RPD Rules, rule 34Airport or inland office: where the claim was made changes the paperwork
IRPR s.159.8 sets a different Basis of Claim route for each.
At a port of entry
- Who takes the claim
- A border officer.
- Where the BOC goes
- To the RPD, within 15 days after referral.
- Rule
- IRPR s.159.8(2)
Inside Canada
- Who takes the claim
- An inland officer.
- Where the BOC goes
- To the officer, no later than the day eligibility is decided.
- Rule
- IRPR s.159.8(1)
Your representative at the RPD hearing
LSO By-Law 4 lets a licensed paralegal appear before the RPD.
- Angelina Shuster, licensed paralegalOver 25 years on immigration and criminal matters.
- From the BOC narrative to the hearing roomPreparation for the member’s questions about the form you filed.
- Russian or EnglishSessions in the language you are most precise in.
Two legal tests the RPD applies
A claimant can be accepted under either section of IRPA.
s.96
Convention refugee
A well-founded fear of persecution because of race, religion, nationality, membership in a particular social group or political opinion.
s.97
Person in need of protection
A danger of torture, or a risk to life or of cruel and unusual treatment or punishment, on return.
Claims the RPD never hears (IRPA s.101)
- Protection was already granted in Canada.
- An earlier claim was rejected, ineligible, withdrawn or abandoned.
- Another country recognized the person as a refugee.
- Arrival from a designated country (Safe Third Country Agreement).
- Inadmissibility for security, rights violations or serious or organized criminality.
How a claim moves through the RPD
Under IRPA ss.100–107 and the RPD Rules.
- EligibilityAn officer decides whether the claim may be referred (IRPA s.100).
- Referral and BOCThe file goes to the RPD with the Basis of Claim form.
- HearingA member hears the claimant; a date change is requested three working days ahead (rule 54).
- DecisionAfter a rejection, a RAD appeal is due 15 days after the written reasons (IRPR s.159.91).
Papers to bring to the free assessment
- Passport or national IDRule 11 asks for identity documents or a reason they are missing.
- Your Basis of Claim formThe narrative the member will test at the hearing.
- The referral letter or notice to appearIts date starts the 15-day and 10-day clocks.
- Evidence of what happenedPolice reports, medical notes, witness letters, with translations.
Can a paralegal represent a refugee claimant?
Yes. LSO By-Law 4 lets a licensed paralegal appear before federal tribunals, and the RPD is part of the Immigration and Refugee Board.
What if the Basis of Claim form is late?
The RPD may extend the limit for reasons of fairness and natural justice (IRPR s.159.8(3)).
What if identity documents are missing?
Rule 11 asks the claimant to explain why they are missing and what was done to obtain them.
Can new documents be added after filing the BOC?
Yes, up to 10 days before the hearing (rule 34).
This page is general information about refugee claims in Ontario and is not legal advice. Reading it does not create a paralegal-client relationship. Our legal team assists with the full range of your matter, including applications filed with IRCC.
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