Section 96 concerns a well-founded fear of persecution linked to race, religion, nationality, membership in a particular social group or political opinion, where the person cannot or will not seek the protection of the relevant country.
Issues requiring careful review
- Serious harm amounting to persecution
- A nexus to at least one Convention ground
- Subjective fear and objectively supported risk
- Adequacy of state protection
- Reasonableness of any internal flight alternative
How we prepare the matter
- Obtain the complete procedural history, decisions, notices and prior submissions.
- Build a detailed chronology and identify inconsistencies or missing evidence.
- Apply the governing legal test to the claimant’s particular facts.
- Develop corroborating, expert and country-condition evidence where relevant.
- Prepare focused written representations and hearing testimony within applicable deadlines.
Credibility and disclosure
Refugee proceedings often compare oral testimony with the Basis of Claim form, port-of-entry notes, immigration applications, documentary evidence and prior statements. An omission is not automatically fatal, but material differences should be identified early and explained truthfully with supporting evidence where available.
Frequently asked questions
Is every serious threat considered Convention persecution?
No. The harm must meet the legal threshold and be connected to a Convention ground, although section 97 may require separate consideration.
Can a positive result be guaranteed?
No. Refugee and protection decisions are made by the responsible tribunal or authority. Representation focuses on lawful strategy, reliable evidence, procedural fairness and clear submissions.
Where can I verify the governing procedure?
See the official Canadian government or Immigration and Refugee Board information. Current rules and the complete record must be checked before taking action.
Refugee law, procedures, country conditions and available remedies can change. Information on this page is general and is not a substitute for advice based on the complete record.