Case Study: Refugee Protection

Chin Chan, is an ethnic Tibetan and was born in India to Tibetan parents in the 1960s, when they had fled to India when the Chinese Government invaded and occupied Tibet in 1959. He returned with his family to Tibet in the 1970s, where he has remained for the duration of his life. Chin Chan is a follower of the Dalai Lama and fears persecution from Chinese authorities for his religious beliefs and political activities. He arrived in Canada on a fraudulent passport on May 1, 2017, and made a refugee claim.

Chin Chan's Refugee Application was refused on July 2, 2017, his claim was found to have no credible evidence to prove that he required protection, on the balance of probabilities; he would not personally be subjected to a danger of torture, to a risk to life or to a risk of cruel and unusual treatment or punishment. In addition, Chin Chan failed to provide his identify certificate in his application. Although Chin Chan was born in India, he never received a birth certificate, nor does he have an Indian passport. He does have an "identity certificate" issued by the Indian Government establishing his birth in India in 1965.

Chin Chan has a well-founded fear of persecution from Chinese authorities, and hopes that he will be granted refugee status in Canada. He has no ties to India whatsoever, and has never made any efforts to ever find out about if he could become a citizen there. He has some family and friends in Toronto. Chin Chan has come to your office on July 15, 2017, and is seeking refugee protection in Canada.

Questions

1. If you were representing Chin Chan in this matter, what would be the first step that you would take to seek for Refugee Protection in Canada?

2. Are there any deadlines that must be complied with? Please refer to the appropriate RPD Rule to support your answer.

3. In Chin Chan's case, who is responsible for preparing the "IRB record"; what documents would be included in his record and when is it due?

STEP 2

1)What is the Basis of Claim form (BOC)?