A sur place refugee claim is a claim that essentially arises after the claimant has left his or her country. This may mean a change in circumstances back home. There are many individuals in Canada that originally came and intended to visit, study or work. A change or escalation of a situation in their country of nationality may necessitate a claim for protection. Canada does not draw a distinction between those that flew persecution and those that are already here and fear persecution that has arisen post departure. Sometimes, a claim is based on the activities of an individual after leaving his or her country. This could even mean social media posts (Facebook, Twitter, etc.) or participation in political protests in Canada that give rise, for example, to a claim based on actual or perceived political opinion. This could also encompass religious conversion.
The IRB/RPD is tasked with determining whether the change in circumstances/escalation or the claimant's activities post arrival in Canada give rise to the grant of refugee protection.
As always, the onus is on the claimant to provide evidence establishing the sur place claim. Document on-going threats. Evidence of similarly situated individuals is always helpful -but not always available. Obtain corroborative claimant specific evidence from back home. You and your lawyer should be engaged in country condition research. This is important as the Board's National Documentation Package may well be deficient on recent/on-going events. Great care and attention should be paid to whether the testimony of a witness is required.
Preparation is key: the more you sweat in practice, the less you bleed in war.
Comments