4. Learn about testifying
Question and answer
What happens at my refugee hearing?Testifying is a big part of your role at the hearing. At the start of the hearing the Member asks you to make an oath or solemn declaration that everything you will say is true. Everything you say after that is called .
Like your Basis of Claim form (BOC), narrative, and the other you file, your testimony is part of the evidence that the Member uses to decide your claim.
Different people may ask you questions:
- the Member of the (RPD)
- your lawyer or other licensed representative, if you have one
- the Minister's Counsel, if they are involved in your claim and attending the hearing
The Member compares your testimony with other evidence like your BOC, narrative, forms, portal, past interview answers, the documents you file, and information in prior immigration applications. If the evidence is not consistent, the Member may not believe what you say.
Representative prepares you
It's important to have a lawyer or licensed representative prepare you to at the hearing. They should meet with you and explain:
- what happens at the hearing
- what is important in your case
- how to testify well
You should talk to your lawyer or licensed representative about:
- what you're afraid will happen if you return to your country
- how your evidence supports your fear
- why you believe you cannot get protection from the authorities in your country
- how you meet the definition of Contention Refugee or person in need of protection
General tips
When you are giving testimony:
- Say “Sir”, “Madam” or “Member” followed by the Member's last name when you speak to the Member.
- Do not interrupt when the Member or another person is speaking. Only one person speaks at a time.
- Speak slowly and clearly. The Member takes notes and needs time to write.
- Tell the Member right away if you're having trouble seeing, hearing, or understanding them, the interpreter, or anyone else. Do not wait until the hearing is over.
- Tell the Member right away if you experience any technical difficulties such as lagging video or audio issues.
If you do not understand a question, tell the Member that you do not understand. Ask them to repeat or rephrase the question.
If you do not know the answer to a question, do not guess. Tell the Member that you do not know or do not remember. If you're not sure of exact dates or other information, say that you're not sure but will answer the question as best you can.
Do not exaggerate or add details that go beyond what you can remember. If the Member thinks that you're not being truthful about something, they might not believe other things that you say.
Using an interpreter
If you're using an interpreter when testifying at the hearing:
- Give your information in short phrases to allow them time to translate accurately. Your answer can be long but tell your answer to the interpreter in short parts.
- Even if you understand some English, wait for the interpreter to translate what was said before you answer a question.
- Tell the Member right away if you do not understand the interpreter or if you think the interpreter made a mistake. Do not wait until the end of the hearing.
Your lawyer or licensed representative should give you more information and help you prepare to testify well.