Assignment 1: Mapping out a Basis of Claim Narrative

Below you'll find the notes from your first interview with a client. For this assignment, you will be asked to take the notes and turn them into a narrative for their Basis of Claim (BOC) form, as well as a list of questions for follow up.

The assignment is intended to test your assimilation of the criteria for receiving refugee protection (MLO 3.1), as well as to develop your ability to provide clear and effective written advocacy on behalf of a client (SVO 5) - here, specifically with respect to the BOC, which is the central document in any refugee claim.

You will be evaluated on the clarity of your writing; your choices regarding what to be included or excluded, as measured against the legal criteria for sections 96 and 97 of IRPA; and your identification of issues that need to be clarified.

The following competencies were identified as central to this assignment. They are intended to identify the specific observables instructors will look for when assessing each broad criteria category on the attached rubric. Critical Thinking (70%) Students were instructed that they would be assessed on identifying and prioritizing critical issues to include or exclude, and gaps or discrepancies in client information that should be addressed, based on their analysis of the relevant legal framework (in this case, Section 96 & 97). Connected Competencies 1. Identifies ambiguities, gaps or discrepancies in client information or documentation and advises how to address them. [2.3.4] 2. Analyzes and synthesizes research information to determine the legal framework of the case. [2.4.2] 3. Integrates evidence, legal findings and policy information into written submissions. [2.5.2] 4. Emphasizes critical aspects of the case and salient issues in an objective manner. [2.5.3] Communication (30%) Students were instructed that they would be assessed on the clarity of their writing. Connected Competencies 1. Demonstrates proficiency in oral and written communications [8.1] 2. Uses concise, clear, and well-organized language. [8.1.1] 3. Accurately references statutes, regulations, and policies. [8.1.2] 4. Accurately uses legal terminology and appropriate abbreviations. [8.1.3] The competencies are based on the Essential Competencies for RCIC Practice, but they have been adapted to reflect the academic environment and the specificities of the assignment. We cite the original version of the competency in brackets for your reference

Instructor's NotesA Competent BOC Narrative

The instructions for the BOC narrative are found on page 2 of the BOC form under the heading "Why you are claiming refugee protection." The instructions read:

When you answer the questions in this section, please explain everything in order, starting with the oldest information and ending with the newest. Include everything that is important for your claim. Include dates, names and places wherever possible.

A competent BOC narrative will:

• tell the truth
• be written in the first person
• be written in full sentences
• be easy to follow, and
• establish all the essential elements required to be accepted as a Convention refugee under section 96 of the Immigration and Refugee Protection Act and a person in need of protection under section 97.

Working through these elements in a systematic way will allow you to consider the nature of your client's claim. For example, you may want to consider:

• What would the nexus be? What facts need to be in place to establish such a nexus?
• Is state protection an issue? What facts need to be included to rebut the presumption of state protection?
• Is there potential for an internal flight alternative to be raised? How can you address that possibility?
• Is generalized risk an issue? What facts can you include to demonstrate that the risk is one not generally faced by others?

Detailed Instructions

After reading through the transcript carefully, please prepare the following:

1. A BOC narrative: Your narrative should set out the essentials of the story and should be between 600 and700words. Please use numbered paragraphs.
2. A list of follow-up questions necessary to flesh out your "theory of the case": Make a list of items that you need to clarify or about which you need more detail to best support your client's claim.

For tasks 1 and 2 listed above, please indicate in your assignment the relevant elements of section 96 and 97 definition that corresponds to the different parts of your BOC narrative and your follow-up questions (alienage, country of reference, subjective fear, objective basis, state protection, IFA, generalized risk, etc.).

For instance, if your narrative states that the police is unable to help, then this may be relevant to the availability of state protection. If you ask a follow-up question about why the client did not leave their country earlier, indicate that the question goes to subjective fear (delay in leaving) element.

Here is an example from a Basis of Claim narrative:

After the attack on September 3, 2023, I stayed hidden in my home. During that time, I did not go to work and barely left the home. I finally decided to flee from the country on December 3, 2023. I travelled to the airport on December 10, 2023 and fled to Canada. (subjective fear - delay in leaving)

Notes from Interview with Mr. Faizal Noor conducted on January 5, 2024

Tell me a little bit about yourself.

My name is Faizal. I am 39 years old. I was born on January 27, 1984, in Herat, Afghanistan. I attended Kabul University where I studied English. I used to live there before coming here. Umm... I came to Canada in January. I live with my brother in Toronto now... I'm so nervous. What else would you like to know?

Can you tell me a little bit about your family?

Well... I have a wife, Marjan. She is a lovely woman. We have been married for fourteen years. She and I are from the same village.

After graduation from university, I used to work as an interpreter. Sigh... but here, I'm broke and unemployed. I tried getting a job but it's not easy.

My wife is a housewife. We have two beautiful girls together, Zahra and Shamila. Zahra is 12 years old, and Shamila is 10 years old. They are currently at a refugee camp in Pakistan. Life there is hard. They don't get to go to school. I pray every day for them to join me here in Canada.

Zahra is a very good artist. She got an award from her school for her paintings. But ever since the Taliban takeover, she has not been able to attend school. And Shamila, she is just a bundle of joy. She is very talkative. She is so cute. Oh... I miss them very much. I hope they are still okay.

I also have an older sister named Hajar. She lives in Herat. She is around ... 50 years old? She has a husband and two adult children. I think she is a housewife but I'm not sure. I have not talked to her in a while. I am not very close to my sister.

I have a good relationship with my brother, Mustafa. He is my younger brother. He has a wife and one son. We are close in age, so we grew up together. We loved playing soccer together. Our favourite team to follow is the Real Madrid Football Club. Oh, by the way, they did really well this season. Our families lived close to each other. So, we used to see each other all the time when we were in Afghanistan. The children also played well together. He has been living in Canada for four years now. Actually, he is the one who suggested that I come to Canada and make a refugee claim.

I have many extended family members. My father had six brothers and sisters. They mostly live in Herat. Do you want me to tell you all about them?

No. That is good for now. We will get the details later if needed. So, what brings you to my office?

I was referred to you from a friend of mine, Francisco. He is from Mexico. I met him last month at an information session for newly arrived refugees in Canada. He is a very nice man. We were talking about our refugee cases. I told him that my deadline to submit my Basis of Claim form was coming up soon and that I was looking for some help to complete it. He said you helped him with his refugee case. He recommended that I hire you to help me.

I am scared to go back to Afghanistan. It is not safe for me over there. I hope I can stay here in Canada. You need to help me. Maybe in the future, can I bring my wife and children to Canada too?

Ok. Let's take it one step at a time. Can you tell me a little bit about why you are afraid to return to Afghanistan?

After I graduated from Kabul University in 2018, I worked as an interpreter. I often interpreted for various international organizations and foreign governments. Because of this, the Taliban views me as a traitor.

They know who I am because I was an interpreter during the negotiations between the U.S. army and the Taliban leaders.

Anyways, when I graduated from University, I first started teaching English at a high school in Herat. The pay was not good and life was difficult. In 2019, my brother, who was living in Kabul at the time, told me that the UNIDO was recruiting interpreters. UNIDO is a UN agency which promotes economic development in Afghanistan. I applied and got the job after three interviews. Our family had to move to Kabul for the job. We got an apartment in Kabul. My daughters began attending school there.

As part of my job, I would accompany the UNIDO workers when they travelled to various towns across Afghanistan. I interpreted for them when they spoke with the locals. It was a dangerous job. There were reports of attacks and bombings on UN workers. Thankfully, the group I travelled with was never attacked.

In September 2020, there were peace talks held between the Afghan government and the Taliban held in Doha, Qatar. I was hired as an interpreter to interpret for the U.S. officials who were there. The U.S. government paid for my travel there. That is when I got my passport. I was in Qatar for about two weeks and came back to Kabul.

After the U.S. announced that its forces would withdraw from Afghanistan by September 2021, the Taliban took over Kabul. This was shocking news to me. You have to understand ... no one expected this to happen so quickly. None of us were ready. Everything changed after that. It was horrible...

Are you okay? Would you like to take a break?

No, I'm okay.

Ok. Whenever you are ready... tell me what happened next?

On August 16, 2021, the day after the takeover, I immediately left my apartment and went to a friend's apartment in another part of Kabul. I knew that I would be a target because I worked with foreigners. I told my wife to withdraw my daughters from school and keep them home. I was not sure what else to do. The borders were closed and I could not leave Afghanistan.

On August 31, 2021, some Taliban members came to my apartment. They demanded that I turn myself in. They accused me of working with the infidels and called me a traitor. They said that I deserved death. My wife told them that she did not know where I was and she had not seen me for several weeks. The Taliban members told my wife that they would return.

When my wife told me this, I knew I had no choice but to flee from Afghanistan. There was really no one to ask for help in Afghanistan. The whole country is run by the Taliban. There is no police to protect me. There was nowhere else I could go in Afghanistan.

Thankfully, the border between Afghanistan and Pakistan reopened on September 15, 2021. On October 10, 2021, my family and I travelled by car to Pakistan. We registered with the UNHCR there as refugees.

Life in Pakistan was very difficult. We did not have the right to work or study. My children could not go to school. All we could do was to wait at the refugee camp hoping that another country would take us. On September 30, 2023, I received news that I was granted a visitor's visa to the U.S. A few days after that, I was also granted a Canadian visitor's visa. I travelled to the U.S. on October 5, 2023. Then on October 15, 2023, I came to Canada.

It is so cold here. I was not prepared for the weather here. But at least I am safe. I speak to my wife, who is still in Pakistan with my two daughters, every day. I hope they can join me here soon. I miss our home in Kabul...

Ok, so why did you wait until now to make a refugee claim?

I did not know how to make a refugee claim. At the Canadian border, I was scared that they would send me back to the U.S. if I told them I was here to make a refugee claim. So I told them that I was here to visit my brother. After arriving in Canada, I did some research and eventually found out how to make a refugee claim.

Ok, thank you. I suggest that we stop for today. Thank you for telling me your story.