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Getting evidence takes time, especially if you are trying to get it from another country. Start gathering evidence as soon as you can. If you have a legal representative, ask them what evidence may help, tell them what you have, and ask them to look at it. Act quickly.

You may not be able to get all the evidence you want from your home country because it is not safe to do so, or because it is too difficult to obtain. Try your best to get evidence, and if you can’t get a piece of evidence, explain in writing to the IRB why you couldn’t get it. Include copies of emails, letters, or courier slips that show how you tried to get the evidence.

The NDP for your country is automatically included as evidence in your refugee claim. You do not need to send documents included in the NDP to the IRB-RPD. The Member will use the NDP to help decide your claim.

Be aware! Some of the documents in the NDP may be old. Conditions in your country may have changed or what you experienced may not be in the NDP. Talk to your legal representative to see what new information might help your claim.

Your translator must sign a declaration that you have to send to the IRB-RPD along with the document that has been translated. The declaration must have:

You can submit evidence that shows the conditions in your country and how they relate to your claim. This includes reliable reports about political, social, cultural, economic, and human rights conditions in your country.

Evidence helps the Member believe what happened to you, and understand the situation in your country and why you cannot return.

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It is important to gather and send evidence about your refugee claim to the IRB-RPD. Evidence includes any information that shows you are telling the truth about who you are, what already happened to you, and what you are afraid would happen to you if you return to your country. It can be documents, letters, newspaper articles, medical or psychological reports, photographs, audio recordings, or even videos.

You can have witnesses at your hearing to speak about your claim. A witness is a person who has important information about you and your claim. During your hearing, witnesses will answer questions from both your lawyer and from the Member. Witnesses cannot listen to what you say at the hearing and you cannot talk to them during breaks. Sometimes the Member may not need to ask your witnesses to speak.

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All evidence, including sound recordings, must be in English or French. Do not use Google Translate or translate documents yourself. A professional translator is best. If you have a legal aid lawyer, the cost of translation may be partly or fully covered by legal aid. If you cannot pay for one, you can have someone you trust who is fluent in your language and either English or French translate your documents.

The IRB-RPD keeps public documents about conditions in countries around the world in National Documentation Packages (NDPs).

You must send all evidence to the IRB-RPD at least ten days before your refugee hearing. If you have a legal representative, they can send your evidence for you.

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If you have a witness, give the following information in writing to the IRB-RPD, at least ten days before your hearing date:

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You may not be able to get all the evidence you want from your home country because it is not safe to do so, or because it is too difficult to obtain. Try your best to get evidence, and if you cannot get a piece of evidence, explain in writing to the IRB why you could not get it.

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Brought to you by Kinbrace info@myrefugeeclaim.ca Translation completed by Exchange Language Services (ELS) and The Refugee Centre