Prepare for Your Hearing

Convention Refugee

To be a Convention refugee, these six sentences must be true for you:

• If I return to my country, I will likely face persecution (be treated very badly).
• I would be treated badly because of my race, religion, nationality, or political opinion, or because of the social group I belong to.
• I am honestly scared to return.
• I have good reason to be scared to live in my country.
• My government cannot protect me.
• I cannot live safely or reasonably in any other part of the country.

Person in Need of Protection

To be a person in need of protection, you must show that 1 or 2 is true:

1. If I return to my country, the people who have power will likely torture me.
   
   OR
   
2. If I return to my country, I could die or experience cruel treatment or punishment,

AND

• My government cannot protect me,
• I cannot live safely or reasonably in any other part of the country,
• I am at risk but not everyone in my country has this risk,
• I am not at risk only because my country wants to punish me for doing something that is a crime in Canada, and
• I am not at risk only because of poor health care in my country.

When to start gathering evidence

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 representative, ask them what evidence may help, tell them what you have, and ask them to look at it. Act quickly.

Translation requirements

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 cannot pay for one, you can have someone you trust who is fluent in your language and either English or French translate your documents.

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

• the translator’s name,
• the language and dialect (if any),
• a statement that the translation is accurate, and, 
• the signature of the translator.

Your supporting evidence

There are four types of evidence that you can gather to support your claim.

Evidence of who you are 

You need evidence of your identity and citizenship. This can be:

• a passport,
• national identity card,
• birth certificate,
• marriage certificate,
• school transcript or certificate,
• driver’s license,
• military identity, or
• professional or religious membership.

Other evidence may also help. Ask your legal representative what evidence you may need to show your identity.

Evidence about your claim

You need evidence that can show:

• Your story and the events in your narrative are true
• You have an honest fear of bad treatment in your country
• You are at risk in your country
• Your government cannot protect you
• It is not reasonable or safe for you to live in a different city in your country

Here are some questions to help you get evidence for your claim:

• Are there photographs, letters, videos, emails, texts, or other documents about the problems you had? Get them! 
• Did you go to the police or a government agency for help? Get a copy of the police report or proof of your visit. 
• Did you get medical help? Get a copy of the hospital or doctor’s records. 
• Are there news articles or online posts about people connected to your claim? Find them! 
• Are there people who saw what happened to you? Ask them to write what happened and send it to you. If possible, ask them to say it is true in front of a lawyer or notary public. Also ask them for a copy of their ID card. 
• Are there people who have had problems like yours? Ask them to describe what happened in writing. If possible, ask them to say it is true in front of a lawyer or notary public.
• Is your claim based on your religious or political group, or other group? Get documents that show your membership. 
• Do you have mental health problems because of what happened? Get a report from a doctor, psychologist, or counsellor in Canada. This takes time so do this as soon as you can.
• Are you on social media? Take screenshots of any posts directly about your story.

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.

Evidence about country conditions

You can have 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. 

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

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. For example, you can send in:

• current news articles or videos,
• statements from expert witnesses,
• academic articles, or 
• human rights reports.

View your country’s National Documentation Packages.

Evidence from witnesses

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. You need to prepare each witness to answer all types of 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.

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

• Their contact information (address, telephone number, and fax number)
• A short statement about why they are speaking 
• How long you think they will speak
• Your relationship to them
• If they will speak in person, by videoconference, or by telephone
• If they need an interpreter, and the language and dialect
• If the witness is an expert, information about their qualifications, and a short report of what they will say, signed by them

Identity 

You must show that you are who you say you are. This means you must prove you are a citizen of or lived in your country of birth or another country.

It may also be important to show your religion or ethnic background, your professional, political, or union membership, sexual orientation, or your membership in another kind of social group. 

If you cannot get some of the documents to show who you are, you have to explain why at your hearing. You can tell how you tried to get the evidence. 

 Examples of evidence

Here are some examples of evidence you could gather to show your identity:

• To prove you are a citizen of your country:
  • Passport
  • National identity card
  • Military service card
  • Marriage certificate
  • School transcripts
  • Witnesses from your country who know you or your family 
• To prove your religion:
  • Baptismal certificate
  • Letter from your religious leader 
• To prove your political or professional group:
  • Membership card in a political party of other group
  • Letter from organization
  • Transcripts that show professional training
  • Business records
  • Diplomas 
• To prove your sexual orientation:
  • Letter from a community group, a partner, or family member.
  • Witnesses who can provide details about how they know you are part of the LGBTQ community.

Credibility

You must show that you are telling the truth and that all your evidence is true.

To decide if they can believe you, the IRB-RPD member needs to see that all the information in your claim matches. The member will compare:

• your BOC Form and narrative,
• your evidence,
• what you say at your hearing,
• what your witnesses say, and
• news stories and human rights reports.

If there are differences that you cannot explain, the Member may decide that they cannot believe you. This may harm any other attempts you make to stay in Canada. 

Examples of evidence

Here are some examples of evidence you could gather to show you are telling the truth and credible:

• Country reports and news articles about human rights abuses 
• Medical/hospital records or receipts 
• Police reports 
• Photographs of injuries 
• Witness statements 
• A letter from your doctor in Canada about scars or injuries 
• Screenshots from social media
• Screenshots of text messages showing threats made against you

Tips to help you show you are telling the truth at your hearing:

• Have evidence that shows certain details of your story are true.
• Be careful not to exaggerate or embellish.
• Do not answer a question that you do not understand.
• If you do not understand a question ask the Member to repeat or reword it.
• Be honest. Do not guess.
• Answer in long, full sentences to make sure the Member understands you.
• Choose your witnesses carefully. Tell them they must tell the truth. Explain to them that the Member will expect what they say to match what you say. You can give your witnesses a copy of your evidence.

Genuine fear

You must show that you are truly afraid of bad treatment if you go back to your country. This is also known as “subjective fear.” Here are some examples of questions the Member might ask you:

• After your bad treatment in your country, why did you not leave right away?
• Why did you pass through another safe country on your way to Canada (for example, the USA), but not make a claim?
• Why did you return to your country after you left?
• Why did you wait to make a claim after you arrived in Canada?

Think about these questions and your answers. Prepare as much as you can before your hearing. Do you have evidence that will help you explain what you did or did not do? For example, did you hope the situation in your country would change? Was it difficult to leave your country?

Examples of evidence

Here are some examples of evidence you could gather to help show why you are afraid to return to your home country:

• Police reports that show you asked the police for help or reported a crime against you
• Doctor’s reports of any medical conditions or injuries
• Proof that you tried to escape danger (such as tickets, receipts, travel documents)
• Witness statements that you tried to protect yourself from threats
• Information you gathered about making a claim in another country
• Documents that show why you could not leave your country sooner
• Documents that show you had trouble making a claim in Canada right after you arrived
• Proof of your arrival and entry to Canada

Personal risk

You must show that you personally face a risk of persecution or harm in your country. This is called “objective risk”. You have to show that this is not a general risk in your country. For example, if there is a lot of violence, you must show why you are personally at high risk. If you can, name who (or what group) has targeted you, why, and how you know.

Examples of evidence

Here are some examples of evidence you could gather to show that you are at risk of harm in your country:

• Any notes, letters, texts, or phone messages of violent threats 
• Official statements from witnesses saying that you, or people like you, have been the victims of violence 
• Photographs of injuries or other types of damage
• Photographs of looting or damage you saw (or took part in)
• Medical records 
• Police reports from your country 
• Social media or video evidence (with the words also in writing)

No government protection

You must show that your government cannot or will not protect you.

If you tried to get protection from the authorities in your country but did not get it: 

• Explain exactly what you did and how they responded. 
• Try to get documents showing that you tried to get help. 
• Try to find reports from your country showing that the authorities cannot or will not protect people like you.

If you did NOT try to get protection from authorities in your country: 

• You must explain why and have documents to show that it was unreasonable to try. 
• Give examples of what happened to other people who tried to get help.

Examples of evidence

Here are some examples of evidence you could gather to show why your government is unable to protect you:

• Country or news reports showing corruption or lack of police protection
• Reports you made to the police
• Statements from people who are in a situation like yours. (It is best if they say it is true in front of a lawyer or notary public. Also ask them for a copy of their ID card.)

No safe place in my country

You must show that it is not safe or possible for you to live in any part of your country.

The IRB-RPD may name a city in your country where they think you could live safely. This is known as “internal flight alternative.” You must show that: 

• you cannot live there safely, or
• it would be unreasonable for you to live there (because of your age, gender, or situation).

Examples of evidence

Here are some examples of evidence you can gather to show why you cannot live safely in another part of your country:

• Documents that show you tried to get away from the problem by moving to another part of your country.
• Reports that show the problem is in the whole country. For example, the people you fear are all over the country, or the treatment you fear is in all parts of your country. 
• Reports that show why someone like you would find it hard to live in that region. For example, reports that describe the culture in your country or show that there are serious problems in that area.
• Letters from friends or relatives who helped you hide in different parts of your country.
• Reports that show there is no way to get to that region, because of war, natural disaster, or some other reason.

Legal residence in another country (if any)

You must show that you are at risk in each country where you are a citizen or permanent resident.

If the IRB-RPD finds that you are at risk in one country, but can live safely in another country where you are a citizen or permanent resident, they will reject your claim. They will also reject your claim, if you have refugee status in a country that signed the Refugee Convention and you can return there.

Examples of evidence

Here are some examples of evidence you can gather to show if the IRB-RPD thinks you can live safely in another country:

• If you have the right to live in more than one country, think about the kind of risk you face in each one. Send in as much evidence as you can about that risk.
• The IRB-RPD might think you have the right to live in another country. If you think you are no longer a citizen or permanent resident of that country, give the IRB-RPD a government document that shows this.
• If you never became a citizen where you were born, give the IRB-RPD a copy of the citizenship law for that country. (You might find this on the internet.) 
• If you lost your permanent resident status or your refugee status in a country, give the IRB-RPD a government document which shows that you cannot go back there.

Criminality (if any)

If you were involved in organized crime, the IRB-RPD will reject your claim. Or if you have been found guilty of a serious crime that in Canada means at least ten years in jail, the IRB-RPD will reject your claim.

If you were not guilty of the charges, you need evidence to prove it.

Examples of evidence

• Court record of any convictions
• Police records of the facts that were first reported to them
• Witness statements about the charges
• Legal opinion from a lawyer in your home country

Delay in making a claim (if any)

If you did not make a refugee claim when you first arrived in Canada you must explain why you delayed making one. You may be asked to explain why you did not leave your country sooner, make a claim elsewhere, or make a refugee claim as soon as you arrived in Canada.

It is important to think about how you could answer these questions because the IRB-RPD may not believe you are genuinely afraid to return to your country if you delayed making your claim.

If you did not make a refugee claim right away, think through the following questions to help you address your reason for delay:

• Did you become afraid to return to your country some time after you arrived in Canada?
• Were you not aware that you should make a claim as soon as you arrive in Canada?
• Did you have trouble making a claim or obtaining legal representation?
• Did you not know how to make a claim and it took you time to find out?

Give details and do your best to explain the situation or circumstances. Be prepared to answer questions the Member may have about your delay during your hearing.

Practice answering questions

One of the ways you can prepare for your hearing is by practicing answering questions the Member may ask you. If you have a legal representative you can ask them to spend some time doing this with you before your hearing. Ask them what questions you may be asked, and what tips they have for answering questions.

You can practice answering questions about:

• any inconsistencies in your story or documents
• different parts of your story
• why you think you would be at risk if you go back to your country
• whether you could live safely in another part of your country
• decisions you made, like why you left your country when you did and not earlier, or why you waited to make a refugee claim in Canada

You can also practice responding to questions you don’t understand or don’t know. If the Member asks you a question you don’t understand, don’t try to answer it. Tell the Member you don’t 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. 

Bring all your documents

You will need to have all the forms and evidence you sent to the IRB-RPD with you at your hearing. Make sure all your documents are organized in one place or folder so you can easily bring them to your hearing. You should bring your:

• 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 the Member will ask you to review the signature on your BOC form, and may also ask you to review other documents you submitted. 

Attend a Ready Tour

One way of preparing for your hearing is to attend a Ready Tour. Ready Tours are free, online sessions where you learn what the hearing will be like and how you can prepare for it. You will hear from a staff person from the IRB-RPD, and will have a chance to ask any questions you have about the hearing. 

Here are some things you will learn during a Hearing Ready Tour: 

• How to request an interpreter for your hearing
• What types of evidence you can collect to support your claim
• Some of the legal issues that may be addressed at your hearing
• How to submit evidence to the IRB-RPD
• How a virtual hearing takes place
• Who will be at your hearing
• How you will find out if your claim was accepted or rejected

Click here to register for the Ready Tour. 

Plan where you will be for your hearing

Most hearings will be virtual, meaning they will take place online and not at the IRB-RPD office. You will find out whether your hearing is virtual or in-person when you receive your Notice to Appear letter from the IRB-RPD. 

If your hearing is virtual, you will need to plan where and how you will participate in your online hearing. There are certain technical and privacy requirements that you must meet to have a virtual hearing. Read more about those requirements here. 

If you have a legal representative, ask them whether you will go to their office for the hearing. If you don’t have a legal representative, think about whether you can have your virtual hearing at home. Do you have reliable internet, a computer or device with video or webcam, and a private and quiet room? If you don’t have these things, here are some other options: 

• If you have a settlement worker or agency who has been helping you ask them if you can come to their office for your hearing
• Write to the IRB-RPD to ask them if you can use a computer and room at their office to participate in your virtual hearing.

If you think that an in-person hearing would be better for you, you can write to the IRB-RPD to request that your virtual hearing be changed to an in-person hearing. Explain your reasons why. Read more about how to do this on the IRB-RPD website. 

Plan where your children will be

If you have children under 18 years old they do not have to be present at the hearing, unless the IRB-RPD writes a letter saying they do. 

Make a plan for where your children will be during the hearing. If you are having a virtual hearing and will be at home, try to make sure your children are not in the room or area where you will be. Your hearing is a very important event, and it is helpful to make sure there are as few distractions as possible. You also may be talking about events that were very distressing or traumatic for you. 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. 

If you cannot arrange childcare for your children, or you have a very young infant, tell the Member at the beginning of the hearing.

Hearing day

Read your Notice to Appear letter carefully. It will tell you what time you need to attend your hearing, whether it is in-person or online. You will be asked to arrive 15 minutes before the start time for your hearing. 

If you need to travel somewhere for the hearing, such as your lawyer’s office or the IRB-RPD office, make sure to plan your journey and be on time or early. 

Make sure you have a good sleep before your hearing, and eat well on the day of your hearing. Remember, you can ask for breaks during your hearing if you need them.

Change your hearing date or time

If you need to change your hearing date or time because of an emergency or illness, you must ask the IRB-RPD.

You or your legal representative must:

• Tell the IRB-RPD in writing (by email or fax) at least three working days before your hearing.
• Suggest three other dates and times for your hearing. The dates must be within ten business days of your original hearing date.
• Send a medical certificate from your doctor if your reason is medical. If you cannot get a medical certificate, you must include a letter explaining why not.