What happens at my refugee hearing?
The (RPD) decides refugee claims. At a hearing, a member of the RPD:
- reviews the in your claim
- asks you questions
- decides whether to accept or refuse your refugee claim.
For the Member to accept your claim, they must decide that the evidence shows you meet the definition of a Convention Refugee or .
It's important to have a lawyer or other Getting Legal Help for information about choosing a lawyer or licensed representative.
Hearing is private and confidential
Refugee hearings happen in private to protect you and your family. They're not open to the public. And the hearing is confidential. This means that the people who participate in your hearing, including the interpreter, must not share information about your refugee claim with others.
Hearing process
Most refugee hearings happen by videoconference using Microsoft Teams.
At the hearing, you first promise to tell the truth. Then the Member asks you questions about your refugee claim and the evidence. Your answers are called and your testimony is part of your evidence.
If you have a lawyer or licensed representative, they can also ask you questions. Your lawyer or licensed representative also explains to the Member why the evidence and law shows that you fit the definition of a or person in need of protection. If you do not have a lawyer or licensed representative, the Member gives you a chance to explain in your own words.
In some cases, Minister's Counsel gets involved in the refugee hearing, usually if they do not agree with your refugee claim. Minister's Counsel is a person that represents the Government of Canada. If Minister's Counsel will be at your hearing, you will get a letter letting you know before the hearing.
If the Member makes a decision, they may tell you their decision at the end of the hearing. Or they may make their decision later. Either way, you always get a written copy of the decision in your refugee claim.
Language rights
You must be able to express yourself clearly and understand all questions asked at the hearing. You have the right to a hearing that's in English or French. If you do not speak English or French, it's very important to ask for an interpreter. The RPD provides a free interpreter for you during the hearing if you ask for one.
Your Basis of Claim (BOC) form asks you to choose if you want an interpreter and the language of interpretation. Tell the RPD by writing to them 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, or
- you want to change the language or dialect you chose.
You must attend your hearing
It's very important that you attend your scheduled refugee hearing. If you do not attend, the RPD holds a special hearing within 5 working days to decide if you your refugee claim. If the RPD decides that your claim is abandoned, you could lose your right to make a refugee claim.
More information
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 (IRB) staff member gives information about the hearing by Microsoft Teams. And you can watch the IRB's videos about refugee hearings.