2. Find out why the Minister got involved
Question and answer
The Minister is involved in my refugee hearing. What should I do?Start by reading your Notice of Intent to Intervene.
The Notice explains why the Minister is involved in your refugee hearing.
The Minister may have concerns about:
- your credibility, which is whether your story is believable
- your identity, meaning you're who you say you are
- the nexus, which is the reason you're claiming refugee protection
- the integrity of Canada's refugee system, meaning whether you're using the system properly
Once you know the reasons the Minister is involved, you can prepare the right and arguments to respond. Learn about this in Step 3.
Why CBSA may get involved
Canada Border Services Agency (CBSA) may get involved because they have evidence that suggests:
- you have a criminal record
- you got involved in organized crime
- you broke international human rights laws or there are other security concerns
- you arrived in Canada illegally
- you're detained because there are concerns about your identity or for other reasons
Why IRCC may get involved
Immigration, Refugees and Citizenship Canada (IRCC) may get involved because they have evidence that suggests:
- you gave untrue or incorrect information to immigration officials, or you left out information, called misrepresentation
- you waited too long to make your refugee claim
- you have more than one nationality
- you already have protection or permanent status in another country, you had this status but lost it, or you were allowed to get this status but never did
- you're making a claim just to get benefits in Canada, like health care or social assistance
- issues in your case are well-known, for example, because the media reported them
IRCC may also get involved if they have evidence that raises concerns about:
- whether your claim is believable
- whether you have used another identity
- your past immigration history in Canada, such as previous refugee claims or immigration applications
If both CBSA and IRCC have reasons to get involved, a CBSA officer speaks at your hearing.
Exclusion issue
Sometimes, the Minister may get involved because there's an exclusion issue in your case. You will know there is an because the Minister's Notice will mention Article 1E or 1F of the Refugee Convention.
Exclusion means they believe you should not get refugee protection because, for example:
- you already have protection or permanent status in another country, you had this status but lost it, or you were allowed to get this status but never did
- you committed a serious non-political crime outside Canada
- you broke international human rights laws, or
- there are other security concerns
If your case involves an exclusion issue, read There's an exclusion issue in my case. What should I do?