At Your Refugee Hearing

Your refugee hearing is the main part of the refugee claim process. At your hearing, an (IRB-RPD) Member will decide to accept or reject your refugee claim.

Hearings usually take around 3-4 hours, but can be shorter or longer depending on the circumstances. Most hearings are virtual (online), and some are in-person at the IRB office.

Your hearing might seem like a court but it is less formal. The decision makers are called Members and are specially trained to decide refugee claims.

Your hearing is your chance to tell your story and explain why you need Canada’s protection. It will be private and safe. A Member will decide your claim fairly.

Refugee hearings are private and are not open to members of the public. Only certain people can be at your refugee hearing:

The IRB-RPD Member

The decision-maker in your hearing is called the Member. A Member of the IRB-RPD runs the hearing and decides to accept or reject your claim. The Member is expected to treat you with respect and care. The Member reads your BOC Form and looks at all your evidence before and at the hearing. They ask you questions during your hearing to help them make a decision on your refugee claim.

Legal representative

Your legal representative might be a lawyer, an immigration consultant, or a representative without fee. In Quebec, a notary public, or in Ontario, a paralegal may be able to represent you.

While the Member is asking you questions in the hearing, your legal representative can explain things to you. Your legal representative cannot answer questions for you. You must be prepared to answer the Member yourself. Your legal representative will have the chance to ask you questions, but usually they must wait to ask questions until after the Member is finished.

At the end of your hearing, your legal representative may provide a summary of your claim to the Member. This is called submissions. Submissions can be told to the Member at the hearing, or they can be written by your legal representative and sent to the IRB-RPD after your hearing.

Minister’s Counsel

The Minister’s Counsel is an employee of either the CBSA or IRCC. The Minister’s Counsel is not involved in everyone’s refugee claim. They will become involved if they want to oppose your refugee claim. If a Minister’s Counsel is involved, it is because they have concerns:

• about who you are or about your documents,
• that you are not telling the truth,
• that you are a criminal or in a terrorist organization.

You will know if the Minster’s Counsel is going to be involved in your claim. Before the hearing, the Minister’s Counsel must send you or your legal representative a Notice of Intervention. In the notice, they explain how and why they are involved. The notice will say whether they will come to your hearing or if they will just send documents. You should get the notice at least ten days or more before your hearing. Read it carefully and be prepared to speak about it. If a Minister’s Counsel is at your hearing, they will likely ask you questions.

Interpreter

The role of the interpreter is to make sure that everyone understands each other clearly. Even if you understand English or French, it is a good idea to have an interpreter to avoid mistakes. IRB interpreters do not share information about you or your claim with anyone outside of the hearing room.

The IRB-RPD will get you a free professional interpreter in your language and dialect. If you did not say that you wanted an interpreter in your BOC form, you can still ask for one. Write to the IRB-RPD ten days or more before your hearing to ask for one.

Witnesses

You can have witnesses at your hearing to speak about your claim. A witness is a person who is able to confirm what happened to you. They can be in Canada or in another country. A witness can also be an expert about issues related to your refugee claim.

Choose your witnesses carefully with the help of your legal representative. Make sure to prepare them before your hearing. Let your witnesses know that what they say must be true. 

If you would like to invite a witness to your hearing, you or your legal representative must write to the IRB-RPD (and Minister’s Counsel if necessary) ten days or more before the hearing. Give them:

• The name of your witness
• A short statement about why they are speaking 
• Your relationship to the witness
• How long you think they will speak

Observers

You can invite one or more observers to your refugee hearing for emotional support. This could be a friend, a relative, or a member of your community.

At your hearing, the Member asks observers to say who they are. But observers are not allowed to speak and must be quiet during the hearing. They cannot also be a witness.

Your children 18 years or younger

Children under 18 years old do not have to go to the refugee hearing unless the Member asks them to. For a virtual (online) video hearing, try to have someone care for your young children away from where you are. You may be talking about events that are upsetting. These are things you may not want your children hearing. If possible, have your children go to school or stay with a relative or friend, or arrange childcare for them.

Designated Representative

The IRB-RPD names a Designated Representative to represent minor children or adults who cannot understand the refugee process. The Designated Representative helps the person to understand what is happening and supports them to put forward the best case possible. The Designated Representative may be asked questions during the hearing. The IRB-RPD usually chooses a parent as the Designated Representative when a child’s claim is joined with their parent’s claim.

There are two types of refugee hearings: virtual (online) and in-person.

Virtual Hearings

A virtual hearing is a videoconference on a computer. Everyone appears on a computer screen using Microsoft Teams.

You or your legal representative will get a Notice to Appear letter after the IRB-RPD sets a date and time. Read this notice carefully because it explains what to do for a virtual hearing.

You need:

• Reliable, secure, high-speed internet
• A computer or tablet 
• A quiet and private space

If you do not have a computer or tablet or internet, ask the IRB-RPD for help. The IRB-RPD can give you a computer or tablet to use in person at their office. Ask the IRB-RPD in your region by phone, email, or mail. You must contact them at least ten working days before your hearing.

About five days before the hearing, the IRB-RPD will send your legal representative a link for the videoconference. They will share this link with you. If you have no legal representative, the IRB-RPD will email the link to you. Make sure the IRB-RPD has your correct email address, telephone number, and mailing address.

On the day of your virtual hearing you will be asked to join the online meeting link 15 minutes before the start of your hearing. This will give you a chance to make sure your internet connection is working, check in with an IRB-RPD staff person, and speak with the IRB interpreter to make sure you understand each other. When the Member joins the hearing they will speak with you and ask you to confirm that you are alone and in a private place. If you have any problems seeing or hearing in the online meeting, let the Member know. 

If you do not want a virtual hearing

All refugee hearings are scheduled as virtual, but may be changed to in-person.

If there is a reason why you do not want a virtual hearing, you or your legal representative can ask the IRB-RPD to change it to in-person. You must fill out this form and send it in at least ten days before your hearing. You must say why you would like or require an in-person hearing.

In-Person Hearings

An in-person hearing is at the IRB-RPD office. Everyone is in the room together.

You will only have an in-person hearing if the IRB-RPD decides your hearing should be in-person or you request an in-person hearing and the IRB-RPD approves.

In-person hearings take place at the IRB-RPD office. You or your legal representative will get a Notice to Appear letter after the IRB-RPD sets a date and time. The Notice to Appear gives you the address where your hearing will happen. Read this notice carefully because it explains what to do.

On the day of your in-person hearing, make sure you arrive at least 15-30 minutes early. This gives you time to find the hearing room. You may be asked to wait in a waiting room until the hearing room is ready. Before your hearing starts you should speak with the interpreter to make sure you understand each other, use the washroom, and get yourself organized. If you have observers or witnesses, they should arrive at least 15 minutes before the hearing.

How long will your hearing be?

Hearings usually take half a day with a short break halfway through the hearing. Some hearings are shorter, and some longer, depending on the refugee claim. If your claim is being heard with other members of your family or if there are many issues to discuss, it may last a full day.

When should you arrive?

It is important to arrive early to your hearing. If your hearing is virtual you should log in to the online Microsoft Teams meeting 15 minutes before the start of your hearing. If your hearing is in-person you should arrive 15-30 minutes before your hearing to make sure you can find the hearing room.

Children 18 years old or younger don’t need to attend the hearing unless the IRB-RPD has written to tell you to bring them. Try to make a plan for your children to be watched by someone during your hearing so they are not there with you.

What will happen at your hearing?

1. Introductions: 

The Member will introduce everyone in the room and explain the hearing process to you. You will be asked to raise your right hand and promise to tell the truth. 

2. Confirmation of documents:

The Member looks at all the documents that have been sent in as evidence in your refugee claim. They make sure everyone has a copy of all the documents and they give each document a number. The Member may also look at any original documents that you bring to the hearing.

3. Questioning: 

The Member will then ask you questions. The questions may be about your history, your documents, and the legal issues that are important to your refugee claim. After the Member asks you questions the Minister’s counsel (if present) may ask you questions. Your legal representative may also ask you questions. 

4. Witnesses: 

If you have witnesses, they will speak next. Witnesses will only be able to join your hearing when it is time for them to speak.

5. Comments: 

At the end of your hearing, the Member will give your lawyer or you an opportunity to explain in your own words why you think the evidence shows that you meet the definition of “Convention Refugee” or “Person in Need of Protection.” This is called submissions. If you have a legal representative they may agree with the Member to send these submissions by mail after the hearing. The Minister’s counsel (if present) makes their comments last.

6. Decision: 

At the end of the hearing, the Member may tell you their decision to accept or reject your claim or they may say they will send you their decision in the mail. In both cases, you will receive a “Notice of Decision” in the mail.

What should you bring to your hearing?

• BOC form
• Narrative
• Immigration forms 
• Evidence 
• Notice to Appear letter

The Member will often tell you not to read from your documents when answering questions. But it is important to have your documents with you. The Member may ask you to look at specific sections or pages in your documents. 

Are hearings private?

All refugee hearings are confidential. This means that all the people who participate in your hearing, including the interpreter, are not allowed to share information about your claim with anyone else.

What should you do if you do not understand a question?

If the Member asks you a question you don’t understand, do not try to answer it. Tell the Member you do not understand and ask them to say it a different way. Never make up an answer. If you do not know something, or you are unsure, say so.

What should you do if the interpreter makes a mistake?

The interpreter’s job is to translate exactly or as closely as possible. They should not add anything or leave anything out. If you think the interpreter may have made a mistake or you do not understand something that has been said during the hearing, it is very important to tell the Member.

What should you call the Member?

You can call the Member “Sir” or “Madam” 

Are hearings recorded?

All hearings are recorded. If you get a negative decision you will be sent a copy of the recording. You can use the recording to show what was said at the hearing if you decide to appeal.

What should you do if you feel upset or start to cry?

Do not worry. Many people cry in their refugee hearing. If you start to feel upset at any time during the hearing, you can take steps to calm yourself. For example:

• take 3 or 4 deep breaths
• ask for water
• ask for a short break

Remember! This is YOUR day. Do whatever you need to do to be as comfortable and relaxed as possible.