2. Learn who will be at your hearing

Refugee hearings are private to protect you and your family. They're not open to the public. You and any family members who are part of your claim can participate in your refugee hearing.

The following people can also be at your hearing:

• Lawyer or other licensed representative: It's best to have a lawyer or other licensed representative with experience in refugee claims represent you at your hearing. If you have a low income, Legal Aid Ontario may pay for a lawyer. You can choose to have an unpaid representative instead, like a friend or family member. See Getting Legal Help for information about choosing a lawyer or licensed representative.
• Member: A Member of the Refugee Protection Division (RPD) decides if your refugee claim should be accepted. They will ask you questions about your claim and the evidence.
• Interpreter: If you ask to have an interpreter at your hearing, the RPD provides one for free. If you cannot understand the interpreter, tell your lawyer or licensed representative and the Member right away.
• Minister's Counsel: Minister's Counsel is a representative that the Government of Canada may send to your refugee hearing, usually because they do not agree with your refugee claim. You receive a Notice of Intent to Intervene if they will be involved. Minister's Counsel might attend if, for example:
  • Immigration, Refugee and Citizenship Canada (IRCC) thinks you're not telling the truth or believes you are using false documents, or
  • Canada Border Services Agency (CBSA) thinks you were involved in a serious crime, or broke human rights laws.

Sometimes Minister's Council does not come to the hearing but instead send written arguments for the Member to consider. You can read more in The Minister is involved in my refugee claim. What does this mean?

• Witnesses: You can bring witnesses to your hearing if they have information to support your claim. At the hearing, witnesses testify about what they know. Your lawyer or licensed representative should prepare any witnesses to testify. A witness is only allowed to enter the videoconference when it is their time to give testimony. They do not listen to the rest of the hearing.
• Support person: At your hearing, you can have one or two people you trust to provide you with emotional support. A support person might be a friend or a social worker. You must give them permission to attend if you want them to be there. Support persons must identify themselves at the start of the hearing. But they cannot say anything during the hearing.

Child refugee claimants

If your child under age 18 is included in your claim, you are usually appointed to be their designated representative. A designated representative helps a child refugee claimant understand the refugee claim process, makes decisions for them, and can give evidence for them at the hearing. Sometimes the RPD appoints a lawyer or social worker as a child's designated representative. You will get a notice in the mail before the hearing telling you who has been appointed as your child's designated representative.

Child refugee claimants under age 18 do not need to attend their hearing unless the Member requires it. A child claimant can attend if they want to. It's usually best to arrange childcare for any young children so that you can focus on the hearing.

Members

Members of the Refugee Protection Division (RPD) must follow a Code of Conduct. For example, they are expected to:

• act honestly and in an ethical manner
• conduct hearings in a respectful way
• make sure that the hearing is fair and efficient

Gender-based claim

If your refugee claim is based on your gender, you can ask for a Member with extra training on gender issues to decide your claim. They're members of the Gender Related Task Force. Your lawyer or licensed representative can use the RPD’s form to make this request.

If you need other accommodations to have a fair hearing, you can also ask the RPD for those.