There are lots of important ways you can prepare for your hearing day. The hearing is your chance to meet with the Member of the IRB-RPD and answer questions about your claim. Spending time preparing for your hearing will help you feel more in control of the process.
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
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.