Overview
After a refugee protection claim is found eligible and referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB), the claimant has a set of ongoing obligations that must be met for the claim to proceed. These include filing the Basis of Claim (BOC) form within 15 calendar days of the referral date, keeping the IRB and IRCC informed of any address changes, and attending the scheduled RPD hearing. Non-compliance with these obligations — including failing to file the BOC on time, failing to notify of address changes, or failing to appear at the hearing — can result in the claim being declared abandoned, which effectively ends the claim without a decision on the merits and typically leads to a removal order. This page explains the key claimant obligations, the BOC filing deadline, address notification requirements, and the consequences of non-compliance.
For current IRB guidance on claimant obligations, refer to the IRB important instructions for refugee claimants page.
Legal basis
- Immigration and Refugee Protection Act, s 159.9 — the Chairperson of the IRB may make rules governing proceedings before the RPD; rules govern BOC filing deadlines and procedural requirements
- Refugee Protection Division Rules, SOR/2012-256, rule 7 — requires claimants referred to the RPD to file the BOC with the RPD within the prescribed period (15 days of referral for inland claims)
- RPD Rules, rule 65 — abandonment of a claim; the RPD may declare a claim abandoned where the claimant has failed to appear at a hearing, failed to perform any required act, or is otherwise in default
- IRPA, s 168 — consequences of abandonment; a claimant whose claim is declared abandoned becomes inadmissible and subject to a removal order
- IRB: Important instructions for refugee claimants — irb-cisr.gc.ca/claimant-instructions
How it works
Basis of Claim (BOC) — filing within 15 days
The BOC form is the written document in which a claimant sets out the facts and reasons for their refugee protection claim. After the claim is referred to the RPD:
- The claimant must file the completed BOC with the RPD within 15 calendar days of the referral date — this is a firm deadline
- The BOC is the foundation of the refugee claim — it identifies the claimant's personal background, travel history, and the specific reasons (country conditions, persecution suffered or feared) supporting the claim
- If the BOC is filed late or not filed, the RPD will assess whether there are valid reasons for the late filing; repeated or unexplained failures to file can result in adverse credibility findings or abandonment proceedings
For BOC form details and requirements, see the BOC page.
Address obligations — keeping the IRB informed
The claimant must keep both the IRB and IRCC informed of their current address in Canada at all times during the claim process:
- The claimant must notify the IRB immediately in writing if they change address — not doing so risks critical notices (such as hearing dates and the Notice to Appear) being sent to the wrong address
- Within 10 days of receiving a Notice to Appear (NTA) from the RPD, a claimant who has not yet provided their Canadian address must file it in writing with the RPD
- The claimant must also notify either IRCC or CBSA of address changes, depending on who has carriage of the case at that stage
A claimant who does not keep their address current and misses their hearing as a result is in a difficult position — the RPD may proceed with the abandonment process even if the claimant did not receive notice of the hearing.
Hearing attendance — mandatory
Attendance at the scheduled RPD hearing is mandatory. The RPD will only postpone or change a hearing date in exceptional circumstances. Key points:
- Claimants are expected to be ready to proceed on the scheduled date — this means having legal representation arranged well in advance of the hearing date (if the claimant intends to be represented), and having all documents and evidence prepared
- Requests to change the hearing date must be made as soon as possible and with valid reasons — the RPD has discretion to deny late or insufficiently supported postponement requests
- If the claimant does not appear at the hearing, the RPD will typically schedule an abandonment hearing
Abandonment — consequences of non-compliance
The RPD may declare a claim abandoned if the claimant:
- Does not appear at the scheduled RPD hearing
- Does not file the BOC within the required period and does not provide a satisfactory explanation
- Otherwise defaults in a way that suggests they are no longer pursuing their claim
Before declaring a claim abandoned, the RPD typically schedules an abandonment hearing to give the claimant an opportunity to explain why they did not comply. If the RPD is not satisfied with the explanation, the claim is declared abandoned. Once abandoned:
- The claim is ended without a decision on the merits — the claimant is not assessed as a Convention refugee or person in need of protection
- The claimant typically becomes subject to a removal order and may be required to leave Canada
- The claimant may face bars on re-applying for refugee protection in Canada
Other ongoing obligations
During the claim process, claimants also have the following obligations:
- Providing updated information — if circumstances in the claimant's home country change in a way that is relevant to their claim, this information should be provided to the RPD and their counsel
- Complying with any conditions attached to their refugee claimant document (such as reporting conditions)
- Complying with any conditions on their refugee claimant work permit (if held)
Related pages
The 15-day BOC deadline is one of the tightest procedural deadlines in the Canadian refugee system — many claimants arrive in Canada and need to find housing, learn the system, and locate legal assistance all within the same period they must prepare and file the BOC. Legal aid and refugee assistance organisations can help with the BOC — claimants who are struggling to meet the deadline should seek assistance as quickly as possible after the claim is referred to the RPD. The IRB publishes instructions for claimants in multiple languages to help them understand their obligations. Address management is a perennial problem — claimants who move frequently or who do not check their mail regularly miss notices; some legal aid organisations advise claimants to use the legal aid office address for RPD correspondence. For current claimant obligations, the BOC filing process, and hearing procedures, refer to the IRB instructions for refugee claimants page.