4. Prepare for your hearing - Steps to Justice

You must at your hearing.

Testify means answering questions after promising to tell the truth. Your answers are .

Prepare with a lawyer or other licensed representative. Talk to them about:

the types of questions you might have to answer
the issues in your case
who might question you
who will ask you questions first

To learn more, read How do I prepare for my refugee hearing?

Your lawyer or representative can explain what happens at your refugee hearing. If the Minister's Counsel is at the hearing, they can:

present evidence
ask questions to you and your witnesses, if you have any
make arguments during or after the hearing

Who asks questions first?

If Minister's Counsel attends and it's not about an exclusion issue:

the RPD Member questions you first
Minister's Counsel questions you second
your lawyer or representative can question you last

If Minister's Counsel does not attend:

the RPD Member questions you first, and
your lawyer or representative may question you.

Oral submissions

Your lawyer or licensed representative will make oral submissions at the end of the hearing. This means they explain how your refugee claim and the evidence show that:

you fit the definition of a Convention refugee or person in need of protection
you should get refugee protection despite the Minister's information and arguments

If you do not have a representative, the Member will give you a chance to explain this in your own words.

Sometimes the Member may ask your representative to send written submissions after the hearing.

If Minister's Counsel is participating, they can also speak about your claim.

The decision

The RPD Member may give you their decision at the end of your hearing, or later.

If you have a lawyer or representative, the RPD or RAD only sends the written decision to them. Make sure your representative agrees to tell you about the decision on the same day they get it.

If your claim is approved, you're a . The Minister could appeal to the (RAD). Learn more in Step 5.

If your claim is refused, get legal advice right away. You may be able to:

The deadlines are short, so act quickly.

To appeal to the RAD if you're eligible, you must file your Notice of Appeal within 15 days of when you or your representative get the RPD's written negative decision. The Minister could get involved in the appeal.

To apply for , you must apply within 15 days of when you or your representative is notified of the decision.