1. Attend your scheduled refugee hearing
Question and answer
What happens at my refugee hearing?Refugee hearings are now usually virtual. A virtual hearing happens online by videoconference. That means that everyone participates using video on a computer or other device.
Hearings only happen in-person:
- if the Member chooses an in-person hearing, or
- if you request an in-person hearing and the (RPD) agrees.
Hearing date
It can take months for the RPD to schedule your hearing. If you have a lawyer or licensed representative, the RPD contacts them to schedule a hearing date.
If you do not have a lawyer or licensed representative, the RPD sets your hearing date and mails you a Notice to Appear letter. Your hearing date is the first date on your Notice to Appear.
Hearings are normally scheduled for a half day, either in the morning or afternoon. But some hearings can be a full day or longer. For simple cases, the RPD may schedule a short 2-hour hearing.
There's usually a break halfway through the hearing. You can also ask for a break at any time.
Update your contact
It is very important that the RPD always has your current contact information so that you receive 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.
Change of date or time
You might be able to change the date of your hearing after it has been scheduled, but this is rare. For example, if you have an emergency or illness. To ask for this, complete and submit the RPD’s 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.
What to bring
Bring any original documents to the hearing like identity cards, and the envelopes that documents were mailed to you in. Also have your document package nearby during the hearing.
If you have any witnesses who will by telephone, have their phone number with you.
If there's you were not able to file before the hearing, bring it with you. You will have a chance to ask the Member to accept the evidence at the beginning of the hearing. Be ready to explain why it's late, why it's important, and anything you did to try and file it on time.
Abandonment hearing
You must go to your refugee hearing at the scheduled date and time. If you do not go to your hearing, there is a second date on the Notice to Appear for a special hearing. You should get legal help right away. At the special hearing, the Member will decide if your refugee claim is . The special hearing date will be no more than 5 working days after your original hearing date.
You must attend the special hearing and explain why you did not attend your refugee hearing. You should bring evidence to support your explanation. For example, if you were not able to go to the refugee hearing because you were in the hospital, you could bring the hospital records, your hospital bracelet, and a letter from the doctor.
The RPD Member who runs the special hearing can:
- allow you to continue with your refugee claim. If this happens, be prepared to have your hearing that day.
- decide that you “abandoned” your refugee claim. This means you lose the right to make a refugee claim.
If the Member decides that you abandoned your refugee claim, get legal help right away. You might be able to reopen your claim or ask the Federal Court to review the decision.