You sit down to write your Basis of Claim narrative. English is not your first language, the form is intimidating, and a friend suggests typing your story into ChatGPT and letting it “clean it up.” It sounds harmless. Under the Immigration and Refugee Board‘s new rules, it is not.
What the IRB now prohibits
On September 7, 2026, a new IRB Practice Notice on the use of artificial intelligence came into effect. It applies across all four divisions of the Board: the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.
The core rule is simple. Parties must not use AI to generate or materially change content that reports or reflects a person’s evidence. That includes:
- Basis of Claim narratives
- affidavits
- witness statements
This evidence must come from the person’s own knowledge and experience. Using an AI tool to draft a narrative, rewrite one, or fill in details is prohibited. The notice also prohibits using AI to create or alter photographs, videos, screenshots or other corroborating evidence.
Minor assistive functions are still allowed. Spellcheck, grammar correction and formatting help are acceptable as long as the tool does not generate the evidence or materially change it.
The declaration requirement
For other documents, such as written submissions, AI can be used, but not silently. If AI was used to create or materially change text in a document filed with the Board, the document must include a declaration saying so. The declaration must also confirm that a named person reviewed and verified the AI-generated content and the authenticity of any case law or other authorities cited.
That last point matters. AI tools are known to invent cases and misstate the law. A submission citing a case that does not exist is a serious problem for the person who filed it.
Why this matters so much in refugee claims
A refugee claim usually turns on credibility. The Board compares your Basis of Claim narrative with what you told the officer at the border or in your online application, with your documents, and with your testimony at the hearing. Our post on how the RPD assesses credibility explains how those comparisons work.
A narrative written by AI creates exactly the kind of problems that lead to negative credibility findings:
- Words you would not use. Members notice when a written narrative reads nothing like the person testifying.
- Details you did not provide. AI tools fill gaps with plausible-sounding facts. If a date, a place or an event in your narrative did not come from you, you will struggle to explain it under questioning.
- Smoothed-over uncertainty. Real memories of trauma are often incomplete or out of order. A narrative that is too polished can read as rehearsed.
Our post on common mistakes in refugee claims covers other ways narratives go wrong.
What happens if the rules are not followed
The notice gives the Board a range of responses. It can:
- refuse to accept a document, or decline to rely on it
- draw negative inferences about the credibility of the evidence
- report a representative to their professional regulator
- restrict or prohibit a representative from appearing before the Board
Parties should also be ready to answer questions about any AI use, and to show that their documents are authentic and accurate if asked.
What about translation?
Many claimants write in their own language and need a translation. The Board’s rules require a translated document to come with a declaration from a human translator, and the practice notice adds that any use of AI for translation or transcription must always be disclosed. The translator must say in their declaration whenever AI was used to help with the translation. If you used a translation app or AI tool at any stage, tell your lawyer and your translator before anything is filed.
If you have already used AI
Do not panic, and do not ignore it. Tell your lawyer exactly what you used the tool for. The Board’s rules allow corrections and additions to the Basis of Claim form before the hearing, within set deadlines. It is far better to correct a narrative now, in your own words, than to defend one at the hearing that you did not really write.
The right way to prepare
The safest narrative is the one that sounds like you. That usually means telling your story out loud, in your own language, to someone who can help you put it on paper accurately, and then reading it back carefully until every sentence is true and something you can explain. A lawyer’s role is to organize your account, identify what evidence supports it, and make sure nothing important is missing. It is not to write a different story. Our post on how to make a refugee claim in Canada explains where the narrative fits in the process.
How we can help
At Kabir & Alam, we prepare Basis of Claim narratives with claimants, in their own words, and review narratives that have already been drafted before they are filed. Read more about our refugee law practice or book a consultation with us.
This post is general information about Canadian immigration law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.