Assignment 1: Mapping out a Basis of Claim Narrative. Please read the details below for the facts of the story and a sample guide to help with this assignment.

Overview

Below is the transcript of the first interview with your client. For this assignment, you will be asked to use the transcript and draft a narrative for their Basis of Claim (BoC) form. You will also be asked to write a list of questions to ask the client as follow up.

The assignment is intended to test your understanding of the criteria for receiving refugee protection (MLO 3.1), as well as to develop your ability to provide clear and effective written advocacy on behalf of a client (SVO 5) - here, specifically with respect to the BoC, which is the central document in any refugee claim.

You will be evaluated on the clarity of your writing; your choices regarding what to be included or excluded, as measured against the legal criteria for sections 96 and 97 of IRPA; and your identification of issues that need to be clarified.

Instructor's NotesA Competent BoC Narrative

The instructions for the BoC narrative are found on page 2 of the BoC form under the heading "Why you are claiming refugee protection." The instructions read:

When you answer the questions in this section, please explain everything in order, starting with the oldest information and ending with the newest. 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 the Immigration and Refugee Protection Act and 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.

DETAILED Instructions

After reading through the transcript carefully, and reviewing the relevant law, please prepare the following:

1. A BoC narrative: Your narrative should set out the essentials of the story and should be 750 word s (+-50), not including annotations. Please use numbered paragraphs. Indicate the word count at the end of your narrative.
2. A list of seven follow-up questions you would ask the client that are necessary to flesh out your "theory of the case": These questions should address items that need clarification or about which you need more detail to best support your client's claim.Do not submit more than seven questions.

For both (1) and (2) tasks listed above, please indicate in your assignment the relevant elements of section 96 and/or 97 that corresponds to the different parts of your BoC narrative and your follow-up questions (Example: alienage, country of reference, subjective fear, objective basis, state protection, IFA, generalized risk, etc.). Refer toModule 3 Required Readings and Module 4 Required Readings for 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 your client did not leave country earlier, indicate that the question goes to the subjective fear (delay in leaving) element.

Here is an example from a Basis of Claim narrative:

After the attack on September 3, 2023, I stayed hidden in my home. During that time, I did not go to work and barely left the home. I finally decided to flee from the country on December 3, 2023. I travelled to the airport on December 10, 2023 and fled to Canada. (subjective fear - delay in leaving)

FACTS FROM THE FIRST INTERVIEW OF YOUR CLIENT

Notes from Interview with Michael Ebi conducted on March 5, 2025

Tell me a little bit about yourself.

My name is Michael Ebi. I am 22 years old. I was born on January 27, 2003, in Abuja, Nigeria. I attended Queen's University here in Canada for a few years. I loved it here in Canada. Most recently, I came to Canada in August of 2024. I had been in Canada before though as a student.

I currently live in a refugee shelter in Toronto.

I'm so nervous. What else would you like to know?

Tell me what you've been doing in Canada?

Well, I studied political science at Queen's University. I didn't finish school though. That is a long story.

At first, I was accepted into Engineering. I did one semester of Engineering only to realize that I really hate math and science. I learned quickly that I was never fit to be in Engineering.

I also like soccer. I used to play for a club when I was young in Nigeria. I had dreams of being a professional soccer player.

What brought you to Canada?

I've been to Canada many times in the past. But this time, I came to Canada to seek a better life. I can't live in Nigeria anymore. I came to Canada with no money and no plan. I had no home to live in. I was homeless for the last six months until last week, when I found a room at a refugee shelter. I had to rely on soup kitchens to survive. I lived under a bridge for some time.

That does not sound like a better life. What happened?

Still, this is far better than my life in Nigeria. I mean Nigeria was not all bad. Life was good in Nigeria until about a few months ago. My family was pretty wealthy in Nigeria. We had a big house. We had cooks and gardeners working for us. I have a lot of friends in my city. But all of that changed last year.

What happened?

.... [hesitating]

There were rumours going around about me. And because of these rumours, my parents kicked me out of the home.

What kind of rumours?

When I was in Canada earlier at Queen's, I was seeing someone.

And ... he was a boy.

It is not like I only like boys. I have had girlfriends in the past, too. But you know I really liked this boy. It is not like we did anything crazy. We went to classes together, we sometimes held hands on campus ... you know that kind of thing.

And how did that make you feel?

Oh, it was very lovely. He was very kind. It was very liberating to feel safe to do that in public. I would never be allowed to do something similar in Nigeria.

Anyways, when I came back to Nigeria in April of 2024, there were rumours that I was gay. I could tell when walking in the streets that people were gossiping about me and giving me weird looks. Eventually, my parents heard the rumours too. They confronted me one day and asked if it was true that I was gay. I denied it. But they kept pressing me and would not let the matter go. Eventually, I blurted out that I had a boyfriend in Canada.

Oh, you should have seen their faces. They were so shocked. Then, I could see my dad becoming very angry. He has this look when he is really angry. His face turns all red and he can hardly speak. I have only seen that look a few times when I was a child. My mom grabbed a broom and started swinging it at me. She didn't hit me though. She kept yelling how I could do this to them. My dad told me to leave the house and never come back.

I am so sorry to hear that. That must have been very difficult. Can you tell me a little bit about your family?

I have a father, mother and an older sister. My father is, or was a very successful businessman. 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 their area.

I was born in Abuja, Nigeria but I also lived in many other cities in Nigeria. Because of my father's business, we always moved every few years. I have lived in Lagos, Ibadan and Benin City when I was a child.

My parents live in Abuja now. And that's where I used to live before I was kicked out. My sister lives in Lagos with her husband. She works as an accountant and her husband is a teacher.

I have a lot of uncles and aunts in the Abuja area. My father is the youngest of five siblings. So all of my cousins are much older than me. I don't have contact with anyone in my family other than my sister.

Anyways, when I graduated high school in Abuja, my father thought that it would be beneficial for me to get educated in Canada. I applied to several schools in the U.S. and Canada. I was accepted to a few of them, but ultimately I chose to come to Queen's. I had read many good things about Queen's on social media and the campus looked so beautiful on YouTube videos.

I came to Canada in August 2022 as an international student. My dad paid for the entire visa process, the tuition and everything. Like I said before, I studied a bit of Engineering but then switched majors to Political Science.

How was life in Canada as a student?

It was great. I loved Canada. I never felt so free. It took a long time to adjust but I never had to worry about others looking at me or judging me when I was with my boyfriend. We lived on the same residence floor and that is how we met. One of the reasons I switched to political science was because of my boyfriend. He was in political science and when I complained to him about calculus being too difficult for me, he suggested that I switch to political science. My father was not very happy about me switching majors. He told me that I could never get a job with a political science degree. He really wanted me to be a chemical engineer like he was.

I hated the winters though. It was so cold. I could never get used to that. Thankfully, every winter break I went back home to see my family in Abuja.

So you went back to Nigeria twice?

Three times, once during first year, around December 2022, I went home for two weeks. Then in second year in December 2023, I went home again for two weeks. And then most recently after second year in April 2024.

Okay... Thank you. Please continue.

Well, life was good. I was enjoying school and I found political science really interesting. But after second year, my father called me and told me he had some bad news. He said some of his business investments had turned out really bad and our family was in financial difficulties. He said we even had to let go Ms. Jones... she was our housekeeper.

He said he couldn't pay for my tuition anymore so I had to return home. So, in April of last year, I returned back to Abuja.

And everything went wrong when I returned.

So how did you end up back in Canada?

After my parents kicked me out, I had nowhere to go. I was scared to be seen by anyone in my city. I was scared that someone might report me to the police if they saw me.

I called my sister in Lagos and asked her for help. She allowed me to come stay with her for a while. She wanted to know what happened but I didn't have the heart to tell her. I begged her not to call my parents...

I stayed with her for about a month. I was so depressed. I stayed in the home, rarely going outside. I had no appetite. Eventually, my brother-in-law became frustrated and demanded to know what was going on. He threatened to call my parents and to ask them what had happened. I had no choice so I told my sister and brother-in-law everything that had happened. I was so scared and worried that they would kick me out too. Thankfully, they were very understanding and had pity on me.

After a few days, my sister told me that I should leave Nigeria. She said Nigeria was not a safe place to live as a gay person. She suggested that I return to Canada. I still had a valid student visa for Canada. She said she could pay for my flight to return to Canada. After thinking about it for few days, I agreed to come to Canada.

I arrived on August 15, 2024.

What do you think would have happened to you if you stayed in Nigeria?

I don't know ... probably get arrested and go to jail? Being gay is illegal in Nigeria. That's probably the good outcome. Otherwise, people will beat me up if they found out.

Ok, so why did you wait until now to make a refugee claim?

I did not know how to make a refugee claim. 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 had been homeless since October. My sister had given me $1000 when I came. I ran out of that money very quickly. One week ago, I went to a soup kitchen to get some free food. I met a very nice man who started a conversation with me. I was desperate so I told him a little bit about what happened to me. He connected me to a refugee shelter and they referred me to you. That's why I'm here.

Please help me stay here in Canada. I am very scared to go back to Nigeria.

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?

Legal guidance: Immigration and Refugee Protection Act(S.C. 2001, c. 27)

Convention refugee

96A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

(a)is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or

(b)not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

Marginal note:Person in need of protection

97(1)A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

(a)to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

(b)to a risk to their life or to a risk of cruel and unusual treatment or punishment if

(i)the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,

(ii)the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,

(iii)the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

(iv)the risk is not caused by the inability of that country to provide adequate health or medical care.

Marginal note:Person in need of protection

(2)A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.

SAMPLE FROM PREVIOUS ASSIGNMENT JUST FOR HINT TO DO THIS ASSIGNMENT

ICL 860-ASSN 1 BY XIN GAO Basic of Claim (BOC) narrative: 1. My name is Victor Iwobi. I was born on January 27, 1984, in Aba, Nigeria. I am a Nigerian national. 2. I used to work as a senior-level engineer at an auto parts manufacturing company for about eight years. My wife used to run a small clothing store in the local market selling women's clothes and accessories. 3. We have two girls together, Michelle, eight-year-old and Rita, five-year old. Our whole family is Christian. I have a close brother Michael and a sister Ngozi. 4. My father was the chief of the Iwobi clan in Ogiv village in Abia, which is an ancestral and traditional village, but he passed away in February 2022 due to illness. My parents got divorced when I was six. Since then, my mom, my brother and I left the village. 5. In one day of June 2022, my uncle, together with my sister, came to my house and requested to me to move back to the village and take up the role as the clan Chief, since I was now the head of the clan, being the oldest son after my father's death. A few weeks later, they returned to my house, and I refused their request. They threatened me with a gun, and I was very scared as there were some murders whose victims are similar to me. They also said my younger brother could also be the Chief if I refused to be the Chief. 6. I am afraid of his uncle Francis, who is a very influential man in the Aba region of Nigeria and is said to be involved in illegal activities. There are rumors that my uncle Francis is connected to powerful politicians and police officers who turn a blind eye to his activities. 7. I believe that my uncle Francis wants to take control of the clan and is targeting him to achieve this goal. I fear that if I return to Nigeria, his uncle Francis will harm my family and I, both physically and mentally. 8. I was so scared that we immediately moved to a different apartment in the city. I had not told them the truth until they were followed by strangers who were suspected to be my uncle's associates in Oct 2022.

9. My wife agreed that the situation was not safe for us, and we planned to leave Nigeria. My wife had to abandon her business and my daughters have to change schools. I applied to a visitor visa to the United States. I dealt with some personal issues in Abia after obtaining the visa. I had to keep a low profile in order to keep myself safe. 10. On December 28, 2022, I left Nigeria and flew to Washington D.C. After three-day stay there, I was told by some Nigerian people that I could come to Canada through "Roxham Road". Then, I took a bus to Roxham Road and crossed the border to Canada. 11. I came to Canada in January through the land border. I made a refugee application upon arrival in Canada due to a fear of persecution in Nigeria. Ever since then, I have been living in a shelter in Toronto, ON. I hope to bring my wife and daughters to Canada too. This case has a potential to be included as a refugee but needs some follow-up questions to determine their eligibility pursuant to s. 96 or s. 97 of IRPA: 1. How did your father become the Chief of your tribe? If the Chief of your tribe determined the blood relationship? (a well-founded fear of persecution, s. 96 (a)) 2. Can you provide more information about the illegal activities that your uncle Francis is told to be involved in? Do you have any evidence to support the rumors about your uncle Francis's illegal activities? (a well-founded fear of persecution s. 96 (a)) 3. What are the roles and responsibilities of the Chief in the tribe? Is the Chief engaged in political activities or connected to a race, religion, nationality, a particular social group? Is the Chief in your tribe expected to be engaged in a crime, or other activities violating human rights and people's safety? (a well-founded fear of persecution, nexus, s. 96 (a)) 4. How does your Christian belief affect your relationship with your uncle and other people in your tribe? (a well-founded fear of persecution due to religion, s. 96 (a)) 5. How did your father's passing away affect your relationship with your uncle Francis and your sister? (a well-founded fear of persecution s. 96 (a)) 6. Have you, your wife, and children, received any threats or been physically harmed by your uncle Francis or his associates? (a well-founded fear of persecution, s. 96 (a))

7. Have you discussed your fear of persecution with your brother Michael or any other family members? Is your brother Michael willing to be the Chief being safe? (a well-founded fear of persecution, s. 96 (a)) 8. Can you tell me more about the powerful politicians and police officers who are connected to your uncle Francis? (State protection, s. 97 (1)(b)(i)) 9. Have you reported your fears to the Nigerian police (or equivalent authorities) or sought protection from them? If you have done so, have you received their response and protection? (State protection, s. 97 (1)(b)(i)) 10. Have you considered relocating to a different part of Nigeria where your uncle Francis's influence is less strong than that in Abia? (Internal flight alternative) 11. Why do you believe that your uncle Francis is specifically targeting you and not other members of the Iwobi clan? In other words, is there someone else who can take on the role as the Chief who can be accepted in the tribe? Does the same situation happen to other tribes in your area of residence? (Demonstration of the risk not generally faced by others, s. 97 (1)(b)(ii)) 12. Have any other members of your family (i.e., your brother, your sister and their families) faced persecution or threats from your uncle Francis or his associates? (Demonstration of the risk not generally faced by others, s. 97 (1)(b)(ii)) 13. What would happen if you were to return to Nigeria and refuse to comply with your uncle Francis's demands? (Consequence of return, unable or unwilling to return due to a wellfounded fear of persecution, either s. 96 or s. 97 (1)) 14. Do you have any documents or records, either official or unofficial, that would support your claim of persecution in Nigeria? (Credibility issue, burden of proof) 15. Why didn't you make a refugee claim upon arrival in the United States? (Third-party protection, credibility issue) 16. Why didn't you leave Nigeria earlier? What kind of personal issues did you deal with? (Delay in making a claim, credibility issue)