I have a refugee hearing and there’s an exclusion issue. What does this mean?
1. Learn what happens if the Minister intervenes
The Minister must give you and the Refugee Board a letter that says they plan to intervene in your case. This is called a Notice of Intent to Intervene. They usually send it by mail.
This Notice explains why they want to take part in your refugee hearing. This could be based on several reasons, for example, if the Minister has information that:
- you have permanent status in another country and a right to return to that country
- you committed a serious crime
- you broke human rights laws
- there are other security concerns
The Notice should also say whether the Minister will come to your hearing or submit something in writing about your claim.
If the Minister decides to intervene in person, they may also send written arguments after the hearing.
The Minister must include the facts and legal argument they're relying on to say that you should be excluded from getting refugee protection.
You must get a copy of the Notice at least 10 days before your hearing. If you get it later than that, you can ask the Refugee Board for more time to respond and prepare for your hearing.
Get legal help
If the Minister is intervening in your hearing, it's important to get legal advice as soon as possible.
These cases are very complicated and you may not be able to stay in Canada. You need a lawyer who understands refugee law to help you.