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On March 15, 2020, the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) issued a Practice Notice extending the time limits for filing the Basis of Claim Form (BOC Form) with the RPD.
Due to the quickly evolving situation associated with the COVID-19 pandemic, the RPD is issuing this Practice Notice, which updates and replaces the March 15, 2020 Notice regarding BOC Form time limits.
Current Time Limits
The BOC Form for inland claims must usually be provided to the referring officer not later than the day on which the officer determines the eligibility of the claim.
The BOC Form for claims made at a port of entry must usually be provided to the RPD not later than 15 days after the day the claim is referred to the RPD.
Temporary Extension
If your time limit for filing the BOC Form with the RPD falls on or after February 15, 2020, the RPD temporarily extends the time limit until 30 days after the date of the Resumption Notice. The Resumption Notice will be posted on the IRB website. Please check the IRB website regularly.
For greater certainty, this extension does not apply to claims that were declared abandoned before March 15, 2020, the date the first Practice Notice was posted.
Monitoring
The IRB is monitoring the situation closely and may make further adjustments as the situation requires. Please check the IRB website regularly for updates.
Authority
Subsection 159.8(3) of the Immigration and Refugee Protection Regulations provides that the RPD may extend the time for providing the BOC Form for port of entry claimants by the number of days necessary for reasons of fairness and natural justice. In addition, section 165 of the Immigration and Refugee Protection Act provides that the RPD may do whatever is necessary for a full and proper hearing.
Signed April 7, 2020
Roula Eatrides
Deputy Chairperson, RPD