Your refugee hearing date has arrived in the mail, or in your My Case portal, and it is now the most important appointment you have in Canada. In most claims, this hearing decides the outcome. The member who hears your case will decide whether you are a refugee or a person in need of protection, usually based on what you say in the room and the documents you have filed.
This guide explains what happens at a Refugee Protection Division (RPD) hearing, what you need to do in the weeks before it, and how preparation changes the way a hearing goes.
What the hearing is for
The RPD is part of the Immigration and Refugee Board of Canada (IRB). At the hearing, a decision-maker called a member reviews your Basis of Claim (BOC) form, your documents, and the country conditions evidence, and asks you questions about your story. The member is deciding a few core issues: who you are, whether your account is believable, whether the risk you describe is connected to a protected ground or a risk to your life, and whether you could safely live somewhere else in your country.
Most refusals turn on one of these issues, often credibility or an internal flight alternative. We explain both in more detail in How the Refugee Protection Division assesses credibility and Internal flight alternative: the question that decides many refugee claims.
Who will be there
Most hearings include the member, you, your lawyer, and an interpreter if you need one. If other family members are part of your claim, they may be heard together with you. Sometimes the Minister intervenes, which means a government lawyer takes part and can question you or file evidence. If that has happened in your case, see The Minister has intervened: what does that mean?
Many hearings now take place by video on Microsoft Teams. Others are held in person at the IRB office. Your notice to appear will say which.
What happens during the hearing
A typical hearing follows a set order:
- Opening: the member confirms who is present, confirms the interpreter understands you, and identifies the issues they want to focus on.
- Your BOC form: you confirm that your BOC form is complete, true and correct, including any amendments.
- Questions from the member: the member usually asks questions first, often about the parts of your story that seem unclear or inconsistent.
- Questions from your lawyer: your lawyer then asks questions to fill in gaps and bring out important details.
- Submissions: your lawyer explains to the member why the evidence supports your claim.
- Decision: the member may give a decision at the end of the hearing or send written reasons later.
Many hearings last around half a day, but complex claims can take longer or continue on a second date.
What to do in the weeks before
Review your BOC form carefully. Read it again, line by line. If anything is missing, wrong, or unclear, it needs to be corrected before the hearing, not explained for the first time when the member asks about it. Amendments must be filed with the IRB before the hearing, normally at least 10 days in advance.
Gather your documents. Identity documents, proof of the events you describe, medical or police records, letters from people who know what happened, and evidence about conditions in your country all matter. Documents must also be disclosed to the IRB before the hearing, normally at least 10 days in advance, and documents not in English or French must be translated.
Know your own timeline. Members compare what you say with your BOC form, your notes from the port of entry or IRCC office, and your documents. Dates, places and the order of events should be consistent across all of them. If something is different, it is much better to explain why before the hearing than to be surprised by it.
Confirm the interpreter. If you need an interpreter, make sure the IRB has the correct language and dialect on file. Tell your lawyer immediately if you have any trouble understanding the interpreter during the hearing.
Plan the day. For a video hearing, test your connection, camera and microphone, and arrange a quiet private room. For an in-person hearing, plan to arrive early with your original identity documents.
How we prepare clients
Preparation is where most of our work on a refugee claim happens. Before the hearing, we:
- review your BOC form, port-of-entry notes and documents for gaps or inconsistencies, and file amendments where needed;
- build the evidence package, including country conditions documents that address the issues likely to come up;
- meet with you, often more than once, to go through your story, explain how the hearing works, and practise the kinds of questions members ask;
- prepare written submissions on the legal issues; and
- represent you at the hearing and explain the decision and your options afterwards.
We work with clients in English, Bengali, Hindi and Urdu, and the IRB provides interpreters for other languages at the hearing.
If the claim is refused
A refusal is not always the end. Many claimants can appeal to the Refugee Appeal Division (RAD), but the deadline to file is short, so you should contact a lawyer as soon as you receive the written reasons. Some claimants cannot appeal to the RAD and may instead need to apply for judicial review at the Federal Court. See Immigration Litigation and Judicial review at the Federal Court: what happens, and how long each step takes.
Talk to us about your hearing
If you have a hearing coming up, or you have not yet filed your claim, the earlier we start, the more time there is to prepare. Learn more about our refugee law services, or book a free 15-minute phone call or a consultation.
This post is general information about Canadian immigration law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.