Oral Submissions at a Refugee Protection Division Hearing

Consolidated List of Documents:-

BOC: Basis of Claim Narrative of Faizal Noor 1. I was born on January 27, 1984 in Herat, Afghanistan. I am a citizen of Afghanistan and no other country.

2. I have a wife, Marjan Noor. I have two daughters, Zahra and Shamila, who are twelve and ten years old respectively. My family are currently living at a refugee camp in Pakistan.

3. I am afraid to return to Afghanistan because the Taliban views me as a traitor for working with foreign organizations and the U.S. government.

4. I graduated from Kabul university in 2018. After graduation, I worked as a high-school teacher in Herat.

5. In 2019, I got a job as an interpreter for UNIDO, a UN agency that promotes economic development in Afghanistan. Our family moved to Kabul for this job.

6. My duties included accompanying 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 as there were attacks and bombings on UN workers. Thankfully, I was never personally attacked in this job.

7. 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 by the U.S. government who paid for my travel there. They also helped me get a passport. I was there for about two weeks and came back to Kabul.

8. I continued to work as an interpreter for UNIDO and the U.S. government upon my return to Afghanistan.

9. On August 15, 2021, the Taliban took over Kabul and the Afghan government fell. The next day, 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 . The borders were closed and I could not leave Afghanistan.

10.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 deserve 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 will return. When I heard about this, I knew that I had to leave Afghanistan.

11.The border between Afghanistan and Pakistan reopened on September 15, 2021. On October 10, 2021, my family and I travelled by car to Pakistan.

12.We registered as refugees in Pakistan with the UNHCR, but our case never made any progress. We lived at a refugee camp, but we were not allowed to work or study in Pakistan.

13.On September 30, 2023, I was granted a visitor's visa to the U.S. On October 2, 2023, I was also granted a Canadian visitor's visa. I spoke to my brother Mustafa who has been living in Canada to seek his advice. He recommended that I come to Canada. He said that he could help me resettle in Canada.

14.Unfortunately, there were no flights available from where I was to Canada. So I took a flight to the US on October 5, 2023. I stayed at a hotel in Washington D.C for ten days. On October 15, 2023, I came to Canada through Niagara Falls on a bus.

15.I was not sure how to make a refugee claim in Canada. So I told the border officials that I was visiting Canada to see my brother who lived in Toronto. I was worried that if I told them the truth, they might prevent me from entering Canada. 16.After arriving in Canada, I researched how to make a refugee claim. I made my claim online on December 30, 2023. 17.I am currently residing in Toronto with my brother

Immigration and Refugee Board of Canada, "National Documentation Packages - Afghanistan", (January 31, 2024),

https://www.irb-cisr.gc.ca/en/country-information/ndp/Pages/index.aspx?pid=12180

Claimant's Documentary Evidence :-

1. Passport

2 .Tezkira

3 .US visitor's visa 3

4. Canadian visitor's visa 4 5 Diploma from University of Kabul

5.Letter from UNIDO confirming employment as interpreter

6. Letter from the United States Department of State confirming employment as interpreter

8. Proof of registration with the UNHCR in Pakistan

9 .Itinerary from Pakistan to U.S

10. Hotel booking in Washington D.C.

Country Conditions Evidence:-

Note for Students: This is a sample index for a Personal Evidence Package Country Conditions Evidence

1 1999 - 2021, The U.S. War in Afghanistan, Council on Foreign Relations https://www.cfr.org/timeline/us-war-afghanistan 1 2 Afghanistan: One year of Taliban rule, Chatham House, August 15, 2022 https://www.chathamhouse.org/2022/08/afghanistan-oneyear-taliban-rule 10

3 'We are going to die': Afghan interpreters fear for their lives amid Taliban takeover in Afghanistan, CBC News, August 18, 2021 https://www.cbc.ca/news/canada/british-columbia/afghaninterpreters-taliban-1.6145634 15

4 'The Taliban Will Kill Us': Afghans Who Helped Foreign Forces At Risk Of Reprisals After Withdrawal. Rfel.org June 16, 2021 https://www.rferl.org/a/afghan-interpreters-feartaliban-reprisals/31310429.html 20

Note for Students: Only links are provided in this sample package. In an actual country conditions documents package submitted to the RPD, you need to include the articles in addition to the links.

Once you have reviewed the documents, draft a set of point-form written submissions on whether the client's claim hasa nexus to a Convention ground.

3. Practice delivering your submissions coherently and persuasively in oral form, addressing that single issue only.

The target length for your oral submissions recording is four minutes.

A "grace" range of up to 30 seconds under or over is permitted. Anything above or below that 30-second range will impact your mark for "Communication and Oral Advocacy." See the Assessment tab. 30 seconds over or under will be considered an "error" and 60 seconds over or under will be considered a "significant error."

Task-Specific Competencies 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.

A. Oral Advocacy & Communication (50%) Explicitly an Oral Advocacy assignment, students were instructed they would be evaluated on persuasiveness, actively advancing their client's interests, within the bounds of law and professional obligations. Students were further instructed to review and apply the specific skills and strategies required to advocate for clients at the IRB and related administrative tribunals, taking into account the distinctive context of RPD hearings specifically. Connected Competencies 1. Provides key case information, flags unusual factors, frames relevant legal and policy arguments to promote and advance the merits of the application for the client's benefit. [8.4.1]

2. Constructs a legal argument that supports the client's legal position and a legal conclusion that benefits the client. [5.2.4] 3. Communicates with officials in a clear, firm and respectful manner to advance the client's interests. [8.4.2]

4. Presents submissions coherently and persuasively, and in accordance with law and good practice. [5.4.4]

A. Application of Foundational Knowledge (50%) Students were instructed that they would be evaluated on the appropriate application of the law, given the facts of their client's case. Connected Competencies

1. Applies the leading cases to specific situations and legal issues. [1.5.3]

2. Applies the foundational knowledge required to competently advise and represent the client in an IRB procedure [5.1]

3. Develops legal arguments and strategies for the IRB hearing. [5.2] 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.