Basis of Claim Definition (BOC)
A basis of claim is the foundation or rationale for making a particular claim or assertion. It can be a reason, evidence, or proof that supports the claim and helps to establish its validity. The basis of a claim may be based on factual information, personal experience, expert testimony, or other forms of evidence that support the claim being made. In order to be persuasive, a claim should have a strong and well-supported basis.
Some forms of basis of claim in Canada
There are various forms of basis of claim that may be used in Canada to support a claim or assertion. Some examples include:
Factual evidence: This can include documents, records, or other objective evidence that supports the claim being made.
Expert testimony: This can involve the testimony of an expert witness who has specialized knowledge in a particular area and can provide credible evidence to support the claim.
Personal experience: This can include firsthand accounts or observations that support the claim being made.
Legal precedent: This refers to past decisions made by courts in similar cases, which can be used to support the claim being made in the current case.
Statutes or regulations: These are laws or rules that have been enacted by government bodies and can be used as a basis for making a claim.
Contractual agreements: This can include written agreements or contracts that outline the terms and conditions of a particular arrangement and can be used to support a claim.
What is the Basis of Claim form?
The Basis of Claim (BOC) form is a very important document that you must fill out, which will be used as evidence during the review of your asylum claim.
The Basis of Claim (BOC) form is where you give information about yourself and explain why you are afraid to go back to your home country. For example, you must give details about what happened to you in your country, why you are afraid, whether you asked the police to protect you in your country, whether you moved to another part of your country to find safety and why you decided to leave at that time.
It is important to tell the truth, and you should get legal help to fill it out.
When do I complete the BOC form?
If you claim asylum at a port of entry (border, airport or seaport):
You have 15 days to give the completed Basis of Claim form to the Immigration and Refugee Board (IRB) office that you were referred to by the Canadian authorities to manage your case.
In Québec, the timeline requirements are different.
If you are already in Canada:
You must complete the Basis of Claim form along with other asylum claim forms and submit them to the Immigration, Refugees and Citizenship Canada (IRCC) office. Learn more about all the steps to submit your refugee application on IRCC’s website.
In some cases, a basis of claim form may be required to be submitted in order to initiate a legal or administrative process, or to provide information in support of a request for benefits or other assistance