1. Get the Notice of Intent to Intervene
Question and answer
I have a refugee hearing and there’s an exclusion issue. What does this mean?If the Minister decides to get involved in your refugee hearing, they must send you and the (IRB) a Notice of Intent to Intervene.
The Notice is usually sent by mail.
It explains why the Minister got involved. If the Minister is involved because of an , it will be about:
- your status in another country,
- serious crimes outside Canada,
- breaking international human rights laws, or
- other security concerns.
If there's an exclusion issue, the Notice will list Article 1E or Article 1F of the Refugee Convention.
The Notice will also say if Minister's Counsel will:
- attend your hearing, or
- send written arguments and only, or
- both attend your hearing and send written arguments and evidence
Ask for more time
You must receive the Notice at least 10 days before your hearing.
If you get it less than 10 days before your hearing, you can ask the (RPD) for more time to prepare and respond.
Even if you get the Minister's Notice 10 days before your hearing, if the issues are complicated, a lawyer or licensed representative can help you ask for more time to prepare.
Get legal help
If the Minister is involved in your refugee hearing, get legal help as soon as possible. Get help from a lawyer or licensed representative who understands refugee law.
These cases can be more complicated. If the IRB refuses your refugee claim, you may have to leave Canada.