Are all refugee hearings happening virtually?
A member of the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) runs your refugee hearing.
Refugee hearings are now mostly virtual. A virtual hearing means that everyone participates using video on a computer or other device. Virtual hearings are also called remote or online hearings.
Hearings only happen in-person if:
- the Member chooses an in-person hearing, or
- you request an in-person hearing and the RPD agrees.
It's important to have a lawyer or other licensed representative represent you in your refugee claim. If you do not have a lawyer or licensed representative, make sure to get legal help right away. If you have a low income, Legal Aid Ontario might pay for a lawyer.
If you have a lawyer or licensed representative, the RPD sends all communications to them.
Virtual hearings
Virtual hearings are held online using software called Microsoft Teams. You can use Teams on a web browser. You can also download Teams on your device or computer.
When the RPD schedules your hearing, they send a Notice to Appear letter with your hearing date and time, and other important information. Your Notice to Appear also has instructions about attending your virtual hearing.
What you need
To participate in the virtual hearing, you will need:
- a reliable computer, tablet, or other device with a camera and microphone
- a good internet connection
- access to Microsoft Teams
- a private space where you feel comfortable and can speak without being interrupted
- a phone nearby that you can use if there are technical issues
You are allowed to use a smartphone for your hearing but it is not recommended because it has a small screen. It is best to use a tablet, laptop, or desktop computer with a large screen so that you can see well during the hearing.
Hearing space
Talk to your lawyer or licensed representative about what hearing space is best for you. You could do your hearing from your own home or a friend's home if you feel comfortable and have the privacy, space, and equipment that you need. Your lawyer or licensed representative might also have a private space and equipment at their office that you can use for your hearing.
If you do not have a proper space for your virtual hearing, you can ask the RPD to use their office. The RPD has private rooms and equipment that refugee claimants can use for their virtual hearings. You must ask the RPD registry office closest to you at least 10 working days before your hearing. If you have less than 10 working days to ask, you must:
- write to the appropriate registry
- explain why the request was not made on time and anything else that supports your request
- include any documents that support the reason your request is late
Witnesses
If you want any witnesses to speak and answer questions at your virtual hearing, make sure that they have the technology they need to participate. If your does not have access to reliable computer equipment, they can participate by telephone. Witnesses can also prepare a written statement that you or your lawyer or licensed representative can give to the RPD before your hearing. Discuss any witnesses with your lawyer or licensed representative.
Your right to a fair hearing
To have a fair hearing, you need to be able to hear and be heard clearly. If you are using an interpreter, you need to be able to understand them. You must be able to hear the interpreter clearly and they must hear and translate every word you say.
If your virtual hearing has started and you cannot hear or participate well, you or your lawyer or licensed representative should ask the Member to stop the hearing until any issues can be fixed. You can put your hand up to show that you have a concern. You can also say out loud that there is a problem.
It's important to say what your concerns are during the hearing. If your claim is refused, you may be able to appeal or ask the Federal Court to review the decision. It can help you to tell them that you had raised concerns during your hearing.
Requesting an in-person hearing
If you need to have your hearing in person, you can ask the RPD. You, the Member, and your lawyer or licensed representative would attend your hearing together in-person at the RPD office. If you need an interpreter, they will usually also attend in-person.
To request an in-person hearing, your lawyer or licensed representative submits a form to the RPD at least 10 days before the hearing. If you do not have a representative, you can:
- email the form as a PDF attachment to: irb.RPDapplications-DemandesSPR.cisr@irb-cisr.gc.ca. Follow the rules for emailing documents.
- call the RPD Registry to get other methods if you cannot submit by email.
If you miss that deadline, you need to submit the form and explain why your request is late.
The RPD will approve your request for an in-person hearing if you:
- do not have a representative
- have previously been granted procedural accommodations or have requested accommodations under Chairperson’s Guideline 8
- are detained
- are an unaccompanied minor, meaning you're under age 18 and in Canada without a parent, legal guardian, or adult family member in a caregiving role
- are having a special hearing to decide if your refugee claim is because you missed your scheduled refugee hearing
If those reasons do not apply to your situation, you must give the RPD reasons why you need an in-person hearing and why a virtual hearing is not fair for you.
Submitting documents
Before your hearing, you can send documents to the RPD:
- electronically by email or the My Case portal depending on your situation
- by mail, courier, or fax, or in-person in some cities
There are rules you must follow for each one. Read: How do I submit documents to the RPD or RAD?
More information
For information about preparing for your hearing, read How do I prepare for my refugee hearing?
For more information about virtual refugee hearings, read the RPD's Virtual hearing guide.
My Refugee Claim has more information about preparing for your refugee hearing in multiple languages. And you can watch the FCJ Refugee Centre's video about preparing for your refugee hearing.
You can also register for a free virtual Ready Tour session where an IRB staff member gives information about the hearing by Microsoft Teams. And you can watch the IRB's videos about refugee hearings.