Question
Please take the notes and turn them into a narrative for the client's Basis of Claim (BOC) form. Also, include a list of follow-up questions
Please take the notes and turn them into a narrative for the client's Basis of Claim (BOC) form. Also, include a list of follow-up questions that you want to ask your client to flesh out their narrative.
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 theImmigration and Refugee Protection Actand a person in need of protection under section 97 - in other words, it will assert and prove the facts that align with what the law requires.
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?
Skills Tip: A FILAC review
As you work through the notes from your client's interview, and draft their BOC narrative, keep in mind that these facts - especially the legally relevant facts - are what will form the basis for your legal arguments later on. Identifying the legally relevant facts is the first step in the process of legal reasoning - FILAC. See the material on legal reasoning located in Module 2 of ICL 810 (2.2 FILAC: A Framework for Legal Reasoning).
But also keep in mind that at the same time you are trying to extract legally relevant facts, you will also be working on articulating legal issues and identifying the relevant law or legal test. This is what is meant by the first three steps in legal reasoning are iterative - facts, issues and law are all inter-related. It is hard to construct a cogent fact narrative without knowing something about what the law requires, and without some general articulation of the legal issue.
As you read and draft, keep in mind what the law requires and look for facts that support these requirements. The question of your client's eligibility is the core legal issue you are dealing with in their application.
Please submit this assignment as a single Word file or PDF to the appropriateAssignment 1: Mapping out a Basis of Claim Narrativesubmission folderby the assigned due date and time (see theCourse Roadmapfor the specific date and time).
Detailed Instructions
After reading through the transcript carefully, and reviewing the relevant law, please prepare the following:
- A BOC narrative: Your narrative should set out the essentials of the story and should be between 600 and 700 words. Please use numbered paragraphs.
- Alist of 7 follow-up questionsnecessary 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.). Refer toModule 3 Required ReadingsandModule 4 Required Readingsfor a full list of the elements of s.96 and 97.
For instance, if your narrative states that the police are 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.
Notes from Interview with Michelle Ebi conducted on January 5, 2024
Tell me a little bit about yourself.
My name is Michelle Ebi. I am 30 years old. I was born on January 27, 1994, in Abuja, Nigeria. I attended Abuja university where I studied Business. I used to live there before coming here. Umm... I came to Canada in January. I currently live in a refugee shelter 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 husband, Michael Ebi. He lives in Abuja, Nigeria right now. I have known him since we were children. Our families are very close to each other. My parents and his parents have been friends for many years. I might be wrong, but I think they all went to the same university.
My parents are currently living in Abuja as well. My father runs a clothing manufacturing business in Abuja. My mother is a housewife. We are a Christian family. She is very active in her church community. They are both well-known and respected in the area. Oh yes. My in-laws also attend the same church as my parents.
I have an older brother, Victor who also lives in Abuja. He is an elementary school teacher. He is married with two children. I am not really close to him. I only see him at family gatherings like weddings, funerals, and so on.
I have many extended family members. My father had six brothers and sisters. They mostly live in Abuja. 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 Nigeria. It is not safe for me over there. The police would not protect me there. I hope I can stay here in Canada. You need to help me.
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 Nigeria?
I don't want to return to Nigeria. I have nowhere to go. My family would not accept me back. They will send me back to my husband.
I am scared of my husband. He has been abusive towards me. If I return to him, I am sure that he will abuse me again.
Can you tell me about your husband?
He is a successful businessperson. He is also very influential in the region. He recently ran as a councillor in the municipal elections. He wasn't elected but because of his business and political campaign, he is well known to the public. He also has friends in government.
We knew each other since we were children. We began dating when we were both in university in Abuja. We got married in 2020.
At first, there were no problems. We were a happy couple. He was not abusive to me. I mean we had our share of arguments, but it never got physical between us.
I think everything changed around 2021. He was really stressed during that time because his business was struggling due to the COVID pandemic. I don't remember what we were arguing about but one day, he physically abused me.
I was shocked. I left him and went to my parents' house. A few days later, my husband came to my parents' home and apologized to me. He promised that this would never happen again. My parents also convinced me to forgive him and return home with him. They said this was the "Christian" thing to do. I still loved him and did not want to separate. So, I returned home.
Unfortunately, the physical and verbal abuse continued. On one occasion, I had to seek medical attention because I had received a cut on my arm. On some occasions, I could not go to church because I did not want other people to see my bruises... ... Are you okay? Would you like to take a break?
No, I'm okay.
Ok. Whenever you are ready... is there anything else you would like to tell me?
From the very beginning of marriage, he was a very controlling man. I did not have much freedom. He did not want me to work. He had a traditional view of gender roles. He controlled all the finances in the home. I had to let him know where I was going every time I wanted to leave the home. I remember one time, early in the marriage, he got really angry with me because I met a friend of mine in town for lunch without telling him.
Did you ever consider leaving your husband?
Many times, I thought about leaving my husband. But in reality, there was nowhere I could go. My family would not assist me. They know about the abuse but they still want me to remain with my husband. If I left my husband, they would probably encourage me to return to my husband as they did before. Without any help, I would not survive. It is very difficult to relocate anywhere in Nigeria as a single woman.
So how did you end up coming to Canada?
One of my university friends was getting married. She invited me to her wedding in Canada. I asked my husband if I could go. I was not expecting him to say yes. But to my surprise, he gave me permission to come to Canada. To date, I am not sure why he let me go.
I came to Canada on October 30, 2023 as a visitor. The wedding was on November 10, 2023. It was a beautiful wedding at a venue near a lake. There were hundreds of guests there. I really enjoyed my time in Canada. For the first time in a long time, I felt free without any fear or worries.
I was supposed to return to Nigeria on November 30, 2023. I did not want to go back. I could not imagine returning to my husband. So, I decided to stay in Canada.
Ok, so why did you wait until now to make a refugee claim?
I did not know how to make a refugee claim. Actually, I did not even know that I could be a refugee. I thought a refugee was a person who is fleeing from a war or something like that. I did not know that victims of intimate violence could claim refugee status. After I missed my flight, I went to a shelter in Toronto. I was talking about my situation with one of the counsellors there who told me that if I was afraid to return to Nigeria, I could make a refugee claim. That is when I started to look for a representative to help me - and eventually found you.
Have you heard from your husband or your family since November 30, 2023?
Of course, my husband is furious with me. He has called and texted me hundreds of times. At first, I lied to him. I told him that there were problems with my passport and I had to stay in Canada for a few more weeks. Eventually, I told him that I would not be coming back to Nigeria. I stopped answering his calls and texts.
My family is also very angry with me. They told me that I am ruining our family's reputation. They told me that rumours are already spreading around the church and the community that I ran away from my husband. My family wants me to return to my husband...
Oh... I can't do it. I don't want to return. Please help me stay.
Ok, thank you. I suggest that we stop for today. Let's continue this on our next appointment. Do you have anyone here who can help you get home?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started