By Yussif Silva, Canadian Immigration, Citizenship, and Refugee Lawyer
A client retained our services to represent them in their refugee claim based on their fear persecution by an abusive ex-partner in their country of origin.
Claim Preparation
We reviewed the refugee claim forms the client had submitted on their own, explained the meaning and consequences of each question, and submitted an updated version of the client’s forms.
We then conducted several trauma-informed sessions with the client to help them draft a narrative of their story, focusing on the relevant information for the refugee claim legal test, while preventing re-traumatization.
We coordinated the collection of supporting evidence to corroborate the client’s credibility before the Refugee Protection Division.
A pressing issue was the existence of an internal flight alternative (IFA) – whether the client could find safety in other parts of their country – which we addressed with evidence of the abusive ex-partner’s ability to find the client in any part of their country by accessing databases of personal information through his employment.
The second issue was the potential for future persecution. This issue was addressed with evidence of the ex-partner’s recent attempts to contact the client’s family members to ask about the client, which demonstrated the ex-partner’s ongoing motivation to find the client and likelihood of future persecution if the client were to return to their country of origin.
The third relevant issue was the country of origin’s ability to provide adequate protection to the client. To rebut it, we provided extensive evidence of the country’s police disregard for domestic abuse reports, institutional sexist culture, and systemic inefficiency in addressing intimate partner violence cases.
Legal Submissions
Once the evidence was submitted, we prepared our legal submissions addressing the legal tests, supporting case law, and the client’s material supporting the risk of continued intimate partner violence to request the acceptance of the refugee claim.
Hearing Preparation
We conducted hearing preparation sessions with the client and an interpreter to help them get acquainted with the proceedings. We prepared the client by asking questions likely to arise during the hearing and pointed out inconsistencies between the answers and the client’s material (e.g., narrative, forms, evidence). That exercise helps the client to reflect on the questions and answers, and it tends to reduce their hearing anxiety.
The Result
We attended the hearing with the client in January of 2026.
The claim was accepted, bringing the client relief and joy.
Key Takeaways
- Refugee claims are more complex than most people assume. Understanding the legal tests and the required evidence is essential to improve chances of success.
- Preparation is essential. Clients may provide inconsistent answers due to nervousness during the hearing, which can harm credibility and undermine the claim. Proper preparation reduces hearing anxiety and strengthens their case.
- Refugee claims are a once-in-a-lifetime opportunity. If a refugee claim is rejected and the rejection is upheld after all available recourse, the claimant cannot make a second refugee claim in Canada. It is crucial to file a legally robust refugee claim at the first opportunity.
If you or your family need assistance with any immigration or refugee matters in Canada, contact Heron Law Offices today.
