Basis of Claim form: why it decides your refugee claim

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 13, 2026

Published November 14, 2026

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 13, 2026: IRPA s. 99(3.1), the new IRPR s. 159.8 and the amended Refugee Protection Division Rules (in force November 3, 2026) checked that day.

The Basis of Claim, or BOC, is the written story of your refugee claim: who you are, what happened to you, who you fear and why you can’t be protected at home. You sign a declaration that it’s complete, true and correct. At the hearing, the Refugee Protection Division member compares your testimony, your documents and your border interview against it. A strong BOC doesn’t win a claim by itself. A weak or inconsistent one can lose it.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares Basis of Claim narratives with refugee claimants and represents them at the Refugee Protection Division, the Refugee Appeal Division and the Federal Court; this guide is by Sundeep S. Grewal.

Update, November 13, 2026: for claims referred on or after November 3, 2026, Basis of Claim changes are due 5 days after the notice to appear. Read the news update.
Update, November 13, 2026: new refugee claims must be completed with IRCC within 60 days of being found eligible, with one 30-day extension. Read the news update.

Book a consultation about your Basis of Claim TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

Why we prepare it with you

This is the document I spend the most time on with a new refugee client. Every later step builds on it: the evidence, the hearing, any appeal. Mistakes in it are hard to undo, because a change made later invites the question “why didn’t you say this before?”

When it’s due (since November 3, 2026)

Claims already referred to the IRB before November 3, 2026 continue under the old process.

Why it matters more than any other document

• It sets the case. The member decides the claim you described, not a different one you raise at the hearing.
• It’s tested for consistency. Against your port of entry notes, your eligibility interview, your documents and your testimony.
• Omissions count. Leaving out an important event, then mentioning it at the hearing, is one of the most common reasons members doubt credibility.

How we prepare it with you

1. Long interviews, with an interpreter where needed, to get the whole story in order;
2. A timeline of dates, places and people, checked against your documents;
3. A review of what you already told border officers;
4. A narrative in your own words that covers every element of the legal test;
5. A plan for the evidence that supports each part.

If it’s late or incomplete

An incomplete claim isn’t referred for a hearing. It goes to the IRB for an abandonment process, where you must explain the delay. See the 60-day deadline to complete a claim and an abandoned refugee claim.

Why this needs a lawyer

One lawyer, one file, every step:

• building a complete, consistent narrative from the start;
• checking it against what you told border officers;
• planning the evidence;
• representing you at the hearing and on appeal.

In my files, the claims that struggle at the hearing usually struggled first in the Basis of Claim. It’s far easier to get it right the first time than to explain changes later.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.

Mistakes I have seen

• Writing a short summary and planning to “explain at the hearing”.
• Dates that don’t match documents or border notes.
• Leaving out an event because it seemed minor or embarrassing.
• Copying someone else’s narrative or using a template story.
• Signing a translation you haven’t had read back to you.

Frequently asked questions

When is the Basis of Claim due?

For claims made under the November 3, 2026 rules, as part of the complete claim within 60 days after eligibility, with one 30-day extension on request.

Can I change my Basis of Claim later?

Yes, but in writing and on a deadline, and the member will ask why. See changing your Basis of Claim before the hearing.

What if my claim was referred before November 3, 2026?

It continues under the old process. Check your deadlines with a lawyer.

Should I write it myself?

You can, but it’s the document your claim is judged on. Most claimants are better served preparing it with a lawyer.

Related guides: changing your Basis of Claim before the hearing, the 60-day deadline to complete a claim, the refugee claim process, no credible basis decisions.

What should I do right now?

If you’ve made a claim, note your eligibility date and the 60-day deadline, collect your documents, and book a consultation before you start writing.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

Ready to book? Open the booking form ↑

Sources (official)

• Immigration and Refugee Protection Act, s. 99(3.1)
• Immigration and Refugee Protection Regulations (Asylum System Reform), SOR/2026-218, new s. 159.8 (Canada Gazette, November 4, 2026)
• Rules Amending the Refugee Protection Division Rules, SOR/2026-219 (in force November 3, 2026), rules 6–8, 34 and 65
• IRB: Refugee Protection Division Practice Notice on Procedural Issues (modified November 3, 2026)
• IRB: Important changes for refugee claimants: new RPD Rules (November 3, 2026)

This article is general information, not legal advice. Every case depends on its own facts.