3. Understand the hearing process
Question and answer
What happens at my refugee hearing?Whether your hearing is virtual or in-person, it's important to understand what happens during the hearing.
Arrive early
Most refugee hearings happen virtually. They are only in-person if the Member says so, or you ask for an in-person hearing and the (RPD) agrees.
If you have a virtual hearing, the RPD emails you the Microsoft Teams link a few days before the hearing. If you have a lawyer or other licensed representative, the RPD emails it to them, and they share it with you.
On your hearing day, click the link to join the hearing 15 minutes before the start time listed on your Notice to Appear.
An RPD staff member will be in the videoconference. Your lawyer or licensed representative will also be there if you have one, and the interpreter if you asked for one. The staff member signs everyone in. Use this time to check that you can see and hear everyone, and to speak with the interpreter to make sure you understand them.
After that, the Member enters the videoconference. The Member asks everyone to confirm they're alone in the place they will do the hearing from. Tell the Member if you have problems seeing or hearing anyone, if your internet is lagging, or if you have trouble understanding the interpreter.
If your hearing is in person
If you have an in-person hearing, be sure to arrive for the hearing at least 30 minutes early. This will give you time to find the hearing room. You might need to wait until the room is ready. Tell any support persons or witnesses to also arrive early. You should talk to the interpreter before the hearing starts to make sure you understand them.
Hearing process
This is what usually happens at the refugee hearing.
Pre-hearing discussion
You can ask for a pre-hearing discussion to raise any issues before the hearing starts. For example, you might:
- explain that some documents have not arrived yet or were impossible to get. Be prepared to explain everything you did to try and get those documents.
- explain any problems you may have during the hearing. For example, it might be hard for you to talk about or remember certain events, or it might be hard for you to talk for a long time without a rest.
- ask to submit documents you received late. Be prepared to explain everything you did to try to get the documents on time. The Member decides whether to accept documents late. They consider how important the document is, and whether you could have filed it on time. But if you can, it's best to ask the RPD to accept any late documents before the hearing using the RPD’s form.
The Member might also raise issues they are concerned about.
Beginning of the hearing
The Member will ask everyone to introduce themselves. The Member also explains the hearing process.
The Member will list all the documents they have in your case and give them a number. Your lawyer or licensed representative makes sure the Member has everything you filed and that you have all the documents the Member has.
The Member then asks you to make an oath or solemn affirmation, which is like a promise, that everything you will say at the hearing is true. Both options are the same in law. If you want to use a holy book from your religion, you can bring it with you.
The Member then asks you to confirm that everything in your Basis of Claim (BOC) form and narrative is complete, true, and correct. The Member also asks you to identify your signature on your BOC. And if you used an interpreter, they ask you to confirm that your BOC was interpreted to you before you signed it. You must tell the Member if:
- you did not get a complete, detailed interpretation of your entire BOC and narrative
- there are mistakes in your BOC or narrative
- you did not agree to everything in your BOC or narrative before you signed it.
It's very important to review your BOC and narrative before the hearing. Make sure everything is complete, true, correct, and up-to-date.
You testify
The Member then asks you questions about your refugee claim and the . Your lawyer or licensed representative may also ask you questions. If Minister's Counsel is there, they can also ask you questions. This is called testifying.
Your answers are called . Your testimony is part of the evidence the Member uses to decide your refugee claim.
The Member usually asks questions first and then your lawyer or licensed representative, if you have one.
Witnesses
If you have witnesses, they give their testimony by joining the videoconference or participating by phone only when it is their turn to answer questions. If it's an in-person hearing and they're participating in-person, they only enter the hearing room when it's their time to .
The witnesses answer questions from the Member, and then Minister's Counsel, if there is one. Then your lawyer or licensed representative also can ask your witnesses questions to clarify anything they've said.
Oral submissions
If you have a lawyer or licensed representative , they make oral submissions at the end of the hearing. This means they explain how your refugee claim and the evidence shows that you fit the definition of a Convention refugee or person in need of protection. If you do not have a lawyer or representative, the Member will give you a chance to explain this in your own words.
Sometimes the Member asks your lawyer or licensed representative to make submissions in writing after the hearing instead. If Minister's Counsel is participating, they can also speak about your claim. They usually say why they do not think your claim should be accepted.
Breaks
There's usually a break halfway through the hearing. You can also ask for a break at any time during the hearing. For example, you can ask for a break to get water or food, to use the bathroom, or to recover after talking about a sensitive topic.