Sur place claims
Overview
A sur place refugee claim arises where a person did not face a risk of persecution when they left their country, but has developed a well-founded fear of persecution based on events that occurred after their departure. Sur place claims include cases where the claimant's country of origin underwent a change in government or conditions after departure, and cases where the claimant's own activities in Canada (e.g., religious conversion, political activism, social media posts) have come to the attention of the home country authorities and created a risk.
Sur place claims are recognised under the 1951 Refugees Convention and Canadian law. However, the RPD scrutinises claims based solely on the claimant's activities in Canada, particularly where those activities appear designed to manufacture a refugee claim ("self-created risk"). The genuineness of the activity and the risk it actually creates in the country of origin are assessed.
Legal basis
- IRPA s 96 — the refugee definition, which does not limit fear of persecution to circumstances existing at the time of departure
- Asfaha v Canada (Minister of Citizenship and Immigration) 2005 FC 1170 — affirms that sur place claims are cognisable under Canadian refugee law
- Brovina v Canada (Minister of Citizenship and Immigration) 2004 FC 1187 — the RPD is not prevented from questioning the genuineness of a claimant's activities in Canada
How it works
Types of sur place claims
1. Objective sur place claims
The risk arises from a change in circumstances in the home country after the claimant's departure — for example:
- A change in government that results in persecution of persons of the claimant's political group or ethnicity
- The claimant's family members being targeted after the claimant left, revealing the family's political associations
- The claimant coming to the attention of home country authorities because of a relative's activities
2. Subjective sur place claims (activities in Canada)
The risk arises from the claimant's own activities after leaving their country, including:
- Religious conversion or apostasy (becoming Christian, leaving Islam, etc.) that would put the person at risk on return
- Political activism in Canada (e.g., participating in protests against the home government)
- Social media posts critical of the home country government
- Coming out as LGBTQ+ while in Canada
The self-created risk issue
Where the sur place risk is created by the claimant's own activities in Canada, the RPD assesses whether:
- The activity is genuine (the claimant genuinely holds the religious, political, or other belief or identity)
- The home country authorities would in fact become aware of and react to the activity
- The risk from the activity is sufficient to constitute persecution
The RPD may question the genuineness of a conversion or political activity, particularly if it occurred only after the refugee claim was filed. However, the Supreme Court has affirmed that a person who genuinely converts to a religion they know will put them at risk in their home country is not "manufacturing" a claim — the risk is real even if self-created through genuine belief.
Country condition evidence
Sur place claims require detailed country condition evidence about the home country's monitoring of diaspora activities, treatment of converts or opposition activists, and the likely consequences of the claimant's activities becoming known to the home country authorities.