4. Prepare for your hearing

You must testify at your refugee hearing.

Testify means that you answer questions after promising to tell the truth. Your answers are evidence.

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

• the types of questions you might have to answer
• the exclusion issue in your case
• the other issues in your case
• who might question you
• what order they will question you in

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

Your lawyer or representative can also explain what happens at your refugee hearing. If the Minister's Counsel comes to your 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 the Minister's Counsel comes to your hearing because of an exclusion issue:

• they question you first
• the Member of the Refugee Protection Division (RPD) questions you next
• your lawyer or representative can question you last

If the Minister's Counsel does not attend:

• the Member questions you first
• your lawyer or representative can question you last

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 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 protected person. But the Minister could appeal to the Refugee Appeal Division (RAD). Learn more in Step 5.

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

• appeal to the RAD
• apply for judicial review

There are tight deadlines so act quickly.

If you're eligible to appeal to the RAD, 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 your appeal.

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