Common mistakes in refugee claims that lead to refusal

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Kabir & Alam Lawyers

Common mistakes in refugee claims that lead to refusal

Many refugee claims are refused not because the person isn’t being persecuted, but because of avoidable mistakes made during the process.

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.

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