5. Get a decision
Question and answer
What happens at my refugee hearing?Sometimes the Member will tell you at the end of your hearing whether they accept or reject your refugee claim. Or the Member may want more time after the hearing to make their decision. Either way, you will get a written copy of the decision.
If your claim is accepted
If your refugee claim is accepted, the RPD will send you a written Notice of Decision and written reasons.
The RPD will also send the decision to the Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC). The government might appeal the decision.
If the government does not appeal the decision within 15 days, you will have Protected Person status. This means you will not be removed from Canada.
Next steps to think about
Most approved refugees can apply for status for themselves and for their immediate family members, even if they are overseas. Your family includes your:
- , , or
- your dependant child and your partner's dependant children
- any dependant child of you or your partner's dependent children.
The process can take years. It's best to start early and have a lawyer review your application.
You should also apply for a health card under the Ontario Health Insurance Program (OHIP) at Service Ontario. The health insurance you have as a refugee claimant under the Interim Federal Health Program (IFHP) expires 90 days after your claim is accepted.
You should also apply to renew your work and study permit before it expires. You still need these permits until you get permanent residence.
You should also learn about how to keep your refugee protection. As a refugee, you can lose your refugee protection in Canada if you:
- travel to the country you claimed refugee protection against
- applying for a passport from that country
- travel using a passport from that country, or
- get citizenship in a country other than Canada.
If you are thinking of doing any of those things, get legal advice from a refugee lawyer first.
If you are charged with a crime, you must get legal advice from both a criminal lawyer and a refugee lawyer about the potential impacts on your status. Certain crimes put your status at risk.
You should also learn about the residency obligation for permanent residents. You usually must be in Canada for at least 730 days in every 5-year period to keep your status.
You can apply for a Convention Refugee Travel Document to travel outside of Canada to any country other than the one you fled from.
And it's a good idea to learn about applying for Canadian citizenship.
If your claim is rejected
If your refugee claim is rejected, the RPD will send you a written Notice of Decision with the reasons that your claim was not accepted. If you have a lawyer or other licensed representative, the RPD sends it to them who shares it with you.
Get legal advice right away. You can try to challenge the decision. A lawyer can help you understand your options and the rules and decide the best way to proceed within the time limits. The process is complicated and there are tight deadlines. If you have a low income, Legal Aid Ontario might pay for a lawyer.
Ask your lawyer where to challenge the negative decision. They will know if you can:
- appeal to the (RAD) or
- apply for at the Federal Court instead.
Refugee Appeal Division
If you can appeal to the RAD, you must file your Notice of Appeal within 15 calendar days of receiving your written Notice of Decision. You should get a lawyer or licensed representative to do this. If you follow the rules, you can stay in Canada while the RAD decides your appeal.
Judicial Review
If you cannot appeal to the RAD, you can apply for judicial review at the Federal Court. This means that you ask the court to review the negative decision. File your Application for Leave and for Judicial Review within 15 days of when you became aware of the negative decision. You should get a lawyer to help you do this. A lawyer is the only type of representative that can help you at Federal Court. You may need to ask the court to pause your removal from Canada while they review your case.