Many refugee claims are refused not because the person isn’t being persecuted, but because of avoidable mistakes made during the process.
Update: Since Bill C-12 became law on 26 March 2026, the most serious mistake is filing late. Under the new rules, for claims made on or after 3 June 2025, a claim is not referred to the Refugee Protection Division if it is made more than one year after the claimant first entered Canada (counting from a first entry after 24 June 2020, even if the person has since left and returned), or more than 14 days after crossing the Canada-US land border between ports of entry. Ineligible claimants are referred to the CBSA and may be able to apply for a pre-removal risk assessment instead. Unaccompanied minors are exempt from both rules. Our explainer on Bill C-12 sets out the detail.
Understanding these mistakes can help you protect your claim.
The most important things to know about submitting a refugee claim
Before proceeding to common mistakes, it’s important to note that a successful refugee claim depends on,
- Credibility (whether your story is believed to be true);
- Lack of state protection (whether your country refused to protect you when you were being persecuted);
- Internal flight alternative (whether you can find safety in some other part of your country); and
- Forward-facing risk (whether you will be persecuted if you go back to your country of nationality).
Inconsistent information
One of the most common reasons for refusal is inconsistency, which affects your credibility.
This can include differences between,
- What you said at the border and what you wrote in your Basis of Claim (BOC) form and narrative;
- Your BOC and your testimony at the hearing; or
- Your testimony and your documents.
Even small differences can raise credibility concerns.
Missing or weak evidence
Refugee claims rely heavily on evidence. Claims are often refused because,
- Documents weren’t submitted on time;
- Evidence was incomplete or unclear; or
- Important documents were never explained to the Member.
Evidence should support your story – not raise new questions.
Problems with the BOC form
The BOC form, including your narrative, is one of the most important parts of your refugee claim.
Claims can be refused when,
- Important events are left out;
- Timelines are unclear; or
- The story is not detailed enough.
It’s best to provide as much information as possible in your BOC form and narrative, so that the RPD has a full understanding with respect to your persecution.
Not understanding country condition evidence
Your personal story must make sense within the conditions of your country.
If your story doesn’t match well-documented country conditions, the RPD may doubt your claim unless the difference is clearly explained.
How can Kabir & Alam help?
We will help you prepare a strong and consistent refugee claim and support all relevant documents with respect to your claim.
Book a consultation today to see how we can assist you with respect to your refugee claim.