Section 97 addresses danger of torture and, subject to statutory limits, a personalized risk to life or cruel and unusual treatment or punishment. It does not require a connection to a Convention ground.
Issues requiring careful review
- Personalized and forward-looking danger
- Risk in every part of the country where required
- Availability of state protection
- Generalized-risk limitation
- Exclusion of lawful sanctions and inadequate medical care as prescribed by law
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
Can section 97 protect someone who has no Convention ground?
Potentially, yes. Section 97 has a different legal test, but every part of that test and its statutory limitations must be addressed.
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.