What evidence do I need for my refugee hearing?
The (RPD) of the of Canada (IRB) decides refugee claims.
You must give to support your claim. A Member of the RPD looks at your evidence to decide your claim.
Have a refugee lawyer or other licensed representative help you with your refugee claim. They should:
- tell you what evidence you need
- review any evidence you plan to file
- file your evidence and help you follow formatting rules
The evidence you need depends on the facts of your case. In general, you must give evidence that shows:
- who you are
- how you came to Canada
- why you left your country
- how you meet the definition of a Convention Refugee or .
Your evidence includes:
- your Basis of Claim (BOC) form and narrative
- what you say at your hearing
- any other evidence you file like documents that prove your identity and the risk you face in your country
- what any witnesses you bring say at your hearing
The Member compares that evidence to the information in your:
- immigration forms
- portal submission
- past interview answers
- immigration file.For example, you might have a prior application for a study permit or visitor's visa, or a previous refugee claim or an immigration application in another country.
If any information is missing, not true, or different from other information, the RPD could refuse your claim. For example, your claim can be refused if:
- the at your refugee hearing is different from the information in your BOC, portal, or your statements to the officer who interviewed you after you made your refugee claim
- the information in your BOC is different from other evidence you submitted, for example a 's letter, a medical report, or a police report
- the information in your BOC is different from what is in your immigration file
Review your evidence
You and your lawyer or other licensed representative should review your evidence to make sure that it is accurate, and you have explained or corrected any mistakes or differences. Tell your lawyer or licensed representative if any information is:
- incorrect
- missing, including anything new that may have happened after you filed your BOC form, or
- inconsistent with other information
Your lawyer or licensed representative can tell you if any documents need to be corrected.
Witnesses
You can also have witnesses at your hearing. Discuss with your lawyer or licensed representative.
Meet the deadline
You must file all your documents and a list of any witnesses with the RPD at least 10 days before your hearing. If you miss the time limit, get legal help right away. Sometimes, if you have a good reason, the time limit can be extended.
Missing documents
Even if you do not have many supporting documents, your refugee claim could still be accepted. Some documents might be impossible to get because they are lost or destroyed. Or it might be too dangerous for you to contact the people who have information or evidence to support your claim.
Keep a record of what you or others did to try to get evidence and what happened when you tried. For example, any:
- written requests for documents
- letters from people who tried to get something for you
- written refusals to release documents to you
- articles showing it's hard for anyone to get those documents
Translate your documents
If your documents are not in English or French, you must have them translated. You can find a translator through the Association of Translators and Interpreters of Ontario. It's best not to use family members to translate documents.
You must provide the translations and a translator's declaration with the documents. The translator's declaration must include:
- the language of the original document and the dialect, if any
- the translator's name and a statement that they are fluent in the language of the original document as well as English or French
- a statement that the translation is accurate
- the signature of the translator and date of the translation
Learn more
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 Immigration and Refugee Board (IRB) staff member gives information about the hearing by Microsoft Teams. And you can watch the IRB's licensed representative.
