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.