How do I prepare for my refugee hearing?
A Member of the (RPD) of the of Canada (IRB) decides your refugee claim. The Member usually makes their decision after a virtual hearing by videoconference on Microsoft Teams.
It's important to get a refugee lawyer or other licensed representative to represent you in your refugee claim. They should:
- give you legal advice about your refugee claim
- tell you what you need
- review and file your evidence
- prepare you for your hearing
- represent you at the hearing.
If you have a low income, Legal Aid Ontario may pay for a lawyer. Learn about how to find a lawyer or other licensed representative.
Hearing date
The RPD schedules your hearing after you have filed your Basis of Claim (BOC) form and your claim has been sent to the RPD. It can take months to get a hearing date.
Most claims are scheduled for a morning or afternoon hearing that lasts about 4 hours. Some claims get a short hearing that lasts 2 hours or less.
If you have a lawyer or other licensed representative, the RPD contacts them to schedule your hearing date. If you do not have a lawyer or representative, the RPD sets your hearing date. Either way, the RPD sends you a Notice to Appear letter with your hearing date and time.
The RPD also considers accepting some claims without a hearing. If the RPD considers accepting your case without a hearing, they send you a letter asking you to submit your evidence for consideration by a certain date.
Contact information
It's important that the RPD always has your current contact information so that you receive the documents they send you.
Tell the RPD in writing if you change your mailing address, phone number, or email address. Also tell both Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA). If you plan to move, update your contact information before you move. Also tell the RPD if you change your lawyer or licensed representative.
If you have a lawyer or licensed representative, the RPD sends all communications to them.
Language
You have the right to a hearing in English or French. If you do not speak English or French, it's important to ask for an interpreter. You must be able to express yourself clearly and understand all questions at the hearing.
The RPD gives a free interpreter if you ask. Your BOC form asks you to choose if you want an interpreter and the language of interpretation. Tell the RPD in writing at least 10 days before the hearing if you:
- did not ask for an interpreter on your BOC but you now feel you need one
- want to change the language or dialect you chose.
Attend your hearing
You must attend your refugee hearing on the scheduled date and time. If you do not go to your hearing, there's a second date on the Notice to Appear for a special hearing to decide if your refugee claim is .
You might be able to change the date of your hearing after it has been scheduled but you must have a good reason. For example, the RPD might change the date of your hearing if you have an emergency or illness.
To ask for this, complete and submit the change request form at least 3 days before the hearing. If you do not hear back from the RPD, you must attend the hearing at the original time.
Learn more
Keep reading to learn more about preparing for your refugee hearing and talk to your lawyer or licensed representative.
My Refugee Claim is a website with 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 Immigration and Refugee Board (IRB) staff member gives information about the hearing by Microsoft Teams. And you can watch the IRB's videos about refugee hearings.