The Minister is involved in my refugee hearing. What should I do?
When the Minister gets involved in a refugee hearing or appeal, it's called a Ministerial intervention.
Who is the Minister?
Minister can mean Canada's Minister of Immigration, Refugees and Citizenship. They lead Immigration, Refugees, and Citizenship Canada (IRCC).
Or Minister can mean Canada's Minister of Public Safety and Emergency Preparedness. They lead Canada Border Services Agency (CBSA).
If the Minister gets involved, someone from IRCC or CBSA may come to your hearing to represent them. This person is called Minister's Counsel.
What does Minister’s Counsel do?
Minister's Counsel can submit written arguments and before your hearing. And, at your hearing, they can:
- present evidence
- make arguments
- ask you and your witnesses questions
Why would the Minister get involved?
Most often, the Minister argues that you're not:
- a , or
- a .
The Minister must tell you if they will get involved and the reason why. There is more information in Step 2.
Sometimes, the (IRB) may ask the Minister to get involved in a case.
Get legal help
If the Minister is involved in your refugee hearing, get legal help as soon as possible. These cases can be complicated.
If the IRB refuses your refugee claim, you might have to leave Canada.
Responding to the Minister's evidence can be complicated. A lawyer or licensed representative can help you:
- explain why the Minister's information is wrong, or
- explain why you should still get refugee protection even if the information is correct.
They can also help you ask to reschedule your hearing if you need more time to prepare.