I have a refugee hearing and the Minister is taking part. What does this mean?

2. Learn why the Minister is intervening

Check the Notice of Intent to Intervene for the reason why the Minister is intervening. If the Minister is intervening on an exclusion issue, read I have a refugee hearing and there’s an exclusion issue. What does this mean?

When there's not an exclusion issue, the Minister may intervene because of:

  • your credibility, identity, or nexus, which is the reason you are claiming refugee protection
  • what the Minister refers to as the integrity of Canada's refugee system

Reasons why the Minister will get involved

Canada Border Services Agency (CBSA) may take part in your refugee hearing if they have that might show:

  • you have a criminal record or may be involved in organized crime
  • you arrived in Canada illegally
  • you're being detained based on concerns about your identity or for other reasons

Immigration, Refugees and Citizenship Canada (IRCC) may take part in your refugee hearing if they have evidence that might show:

  • you have more than one nationality
  • your case involves issues that are well-known, for example, because they were reported by the media
  • concerns about your past Canadian immigration history, for example, a previous refugee claim or another immigration application
  • you waited more than 6 months to make a claim after you arrived in Canada

As well, IRCC may take part if they have evidence that might show:

  • concerns about whether your claim is credible
  • concerns about whether you have used another identity
  • you're making a claim so you can get benefits in Canada, for example, health coverage or social assistance

If CBSA and IRCC both have reasons to take part in your hearing, this is called a hybrid case. In hybrid cases, a CBSA officer speaks at your hearing.

When you understand why the Minister is intervening, it will help you collect the right type of evidence that you need to respond.

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