Understanding Your IRB Hearing
A refugee claim hearing takes place before the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). It is a formal proceeding at which the claimant presents the claim for refugee protection. Under IRPA s.166(c), RPD proceedings are held in the absence of the public. Understanding the structure and purpose of this hearing is the first step in effective preparation.
What Is the Hearing For?
The hearing is an opportunity for you to present evidence and testimony to support your claim that you have a well-founded fear of persecution (IRPA s.96) or face a risk described in IRPA s.97 in your country of origin. The RPD member is the person who decides the claim: the member leads the hearing, questions the claimant, listens to the arguments and makes the decision.
Who Participates in the Hearing?
According to the IRB, the people at the hearing are the claimant, the RPD member, the claimant's counsel (if any), an interpreter where one is needed, and any witnesses. A friend or family member may attend as an observer for support but cannot speak or participate. There is no government officer at every hearing: the Minister (represented by counsel for the CBSA or IRCC) takes part only where the Minister has given notice of intervention under RPD Rule 29, and the IRB notes that this usually happens where the Minister disagrees with the claim. The Minister does not make the decision. The IRB states that the hearing is recorded and that the member announces when the recording starts.
How Long Does a Hearing Take?
The IRB states that most hearings take less than 3 hours and that the member usually takes a short break in the middle. Complex cases with several witnesses can take longer or continue on another day. Your representative can help estimate the time needed based on your specific circumstances.
Gathering and Organizing Evidence
Strong documentary evidence is crucial to support your testimony. The better organized your evidence, the more effective it will be at your hearing.
Categories of Evidence to Gather
Evidence supporting your claim may fall into several categories. Personal documents establish your identity and circumstances. Country condition evidence shows the general situation in your country relevant to your fear. Corroborating evidence from others supports your personal story. Expert evidence provides specialized knowledge about country conditions or psychological impacts of persecution.
Personal Documents
- Passport and travel documents
- Birth certificate and family documents
- Marriage and divorce certificates
- Children's birth certificates and custody papers
- Educational diplomas and certificates
Evidence of Persecution
- Medical reports and physician letters describing injuries
- Photographs of injuries, property damage, or threatening messages
- Police reports or incident reports from authorities
- Letters from people who witnessed persecution
- Threatening letters, emails, text messages, or social media posts
- Records of detention, arrest, or interrogation
Country Conditions Evidence
- News articles about human rights violations in your country
- Reports from human rights organizations like Amnesty International or Human Rights Watch
- UN reports on country conditions and human rights
- The IRB's National Documentation Package for your country, which the RPD uses in every claim
- Academic articles or expert reports about the situation
Organizing Your Evidence
Create a clear system for organizing your documents. Number all documents in order and create an index that lists each document with a brief description. Group documents by category (identity, persecution evidence, country conditions). Under RPD Rule 34, documents a party wants to use at the hearing must be received by the RPD, and by the Minister if the Minister is intervening, no later than 10 days before the hearing date, or 5 days before the hearing if they respond to a document provided by another party. Documents that are not in English or French must be accompanied by a translation and a translator's declaration (RPD Rule 32). Bring the originals and a copy of everything already sent to the RPD.
Preparing Your Written Statement
Every claimant completes a Basis of Claim (BOC) Form. The BOC Form replaced the former Personal Information Form on 15 December 2012; older material that refers to a PIF is out of date. The BOC Form is the foundation of the claim and the RPD member will have read it before the hearing.
Basis of Claim Form
The BOC Form collects biographical information and the claimant's narrative account of why they are seeking protection. Under RPD Rule 6, the claimant signs a declaration that the information is complete, true and correct and has the same force as if made under oath. Rule 7 sets how the form is provided: a claimant who makes the claim inside Canada gives the original and a copy to the officer who receives the claim (IRPA s.99(3.1)); a claimant who makes the claim at a port of entry provides it to the RPD within the time set by the Regulations. A completed BOC Form that needs changes can be corrected before the hearing under RPD Rule 9, which requires the changes to be received no later than 10 days before the hearing. The narrative should tell the story chronologically, explaining who you are, what happened to you, why you fear your country, and why you cannot get protection from your government.
Key Elements of Your Written Account
Your account should clearly describe the persecution or risk you experienced or fear. Explain the circumstances that led to the persecution. Identify the perpetrators and explain why you believe they were acting for reasons related to a protected ground (race, religion, nationality, political opinion, or membership in a particular social group). Explain why you cannot seek protection from your government. Describe any previous attempts to seek protection.
Writing Tips
Be specific and detailed. Instead of saying "I was threatened," describe when, where, by whom, and exactly what threats were made. Use chronological order when possible. Include dates and places whenever you can remember them. If you cannot remember exact dates, it is better to say "in 2022" or "about three years ago" than to guess. Be consistent with your dates and details, since inconsistencies can undermine credibility. Be honest and truthful at all times. Exaggeration or fabrication can result in your claim being rejected.
Preparing for Oral Testimony
Your oral testimony at the hearing is a critical opportunity to present your case directly to the panel member. Proper preparation will help you tell your story effectively and respond to questions credibly.
Reviewing Your Account
Carefully review your BOC Form and any other written statements in the weeks before your hearing. Become very familiar with the details you provided. You will likely be asked about dates, names, and specific incidents. The more familiar you are with your own account, the more confident and credible you will appear when testifying.
Practice Telling Your Story
Practice telling your story out loud multiple times before the hearing. This helps you become comfortable with the narrative and identify any gaps or confusing elements. If you have a lawyer or representative, practice with them. They can ask you difficult questions and help you prepare strong responses. If you do not have a representative, practice with a trusted friend or family member.
Emotional Preparation
Telling your story at a hearing can be emotionally challenging. You may need to discuss traumatic experiences. It is acceptable to become emotional during your testimony. However, try to maintain composure enough to communicate clearly. Take breaks if needed. Bring water and tissues to the hearing. If you become very distressed, ask the panel member for a break.
Handling Difficult Questions
Anticipate difficult questions from the RPD member, or from the Minister's counsel if the Minister is intervening. These might include questions about why you did not seek protection earlier, why you left your family, or why certain details in your story are vague. Think through your answers in advance. Remain calm and respectful even if you feel the questions are unfair or aggressive. Do not argue with the questioner. Simply answer the question as directly as you can.
Bringing Witnesses
Witnesses can provide valuable corroboration of your story. However, witnesses must be able to speak directly to facts they observed.
Who Can Testify?
Witnesses who observed or experienced the persecution with you can testify. Family members who were affected by the same persecution may be effective witnesses. People who can attest to your character or who knew you in your country can provide contextual support. People who have knowledge of country conditions but did not experience your persecution may also testify if they have relevant expertise.
Preparing Witnesses
Brief any witnesses in advance about what they will be asked. Make sure they understand they must tell the truth under oath or affirmation. Discuss the key points you want them to address. The IRB explains that witnesses may only answer questions put by the RPD member, the claimant or counsel, and the Minister's counsel where the Minister is intervening. Witnesses should expect to be questioned in detail about what they observed and how they know you.
Legal Requirements
Under RPD Rule 44, a party who wants to call a witness must provide the RPD (and the Minister, if intervening) with the witness's contact information, the substance of the testimony, the time needed, the relationship to the claimant, and whether the party wants the witness to testify by videoconference or telephone, no later than 10 days before the hearing. For an expert witness, a report and the expert's qualifications are also required. The IRB states that a witness usually speaks after the claimant.
Legal Representation at Your Hearing
Having legal representation at your hearing can significantly improve the effectiveness of your presentation and your chances of success.
Role of Your Representative
Under IRPA s.167(1), a person who is the subject of proceedings before any division of the IRB may, at their own expense, be represented by legal or other counsel. The IRB states that counsel may be a lawyer, an immigration consultant licensed by the College of Immigration and Citizenship Consultants, a notary in Quebec, or an unpaid person such as a friend or family member. Counsel helps present the case by organizing and submitting evidence, asking questions to bring out your testimony, questioning any witnesses, and making submissions about how the law applies to your circumstances. Legal aid for refugee hearings is a provincial matter; the guide on working with an immigration professional covers it.
Communicating with Your Representative
Meet with your representative well in advance of your hearing. Share all documents and information with them. Discuss the strength and weaknesses of your case. Work together on your testimony. If you have concerns about the strategy, raise them. However, trust your representative's professional judgment on legal matters and presentation strategy.
Self-Representation
A claimant without counsel still has to attend and present the claim. The RPD member will explain the procedure but cannot give legal advice. Responsibility for presenting evidence and responding to questions rests with the self-represented claimant. The IRB notes that a claim may be declared abandoned if the claimant does not appear, and that an abandoned claim cannot be made again.
Practical Hearing Logistics
Attending to the practical details of your hearing will help you focus on presenting your case effectively.
Location and Time
The Notice to Appear specifies the date, time, and location (or virtual format) of the hearing. The IRB asks claimants attending in person to be at the IRB office 30 minutes before the hearing time. Under RPD Rule 54, an application to change the date or time of a hearing must be made without delay, must be received no later than three working days before the hearing, and must propose at least three alternative dates within 10 working days; where the reason is medical, a medical certificate is required. A hearing is not postponed simply because a claimant does not attend; a failure to appear can lead to abandonment proceedings under IRPA s.168.
What to Bring
- Multiple copies of all evidence and documents
- Your Basis of Claim (BOC) Form and your Notice to Appear
- Any written statements or submissions you have prepared
- Identification documents
- Notes to help you remember important details (if permitted)
- Water and any necessary medications
- A list of witnesses who will attend
Language and Interpretation
The IRB provides an interpreter at no cost where one is needed, and the interpreter is neutral. Under RPD Rule 19, the claimant states the language and dialect for interpretation when the claim is referred, and any change must be given to the RPD in writing no later than 10 days before the hearing. Documents not in English or French must be filed with a translation and a translator's declaration (RPD Rule 32). The IRB states that the claimant and the interpreter speak before the hearing begins to make sure they understand each other.
Accessibility Accommodations
If you have accessibility needs due to a disability or health condition, inform the IRB when you receive your hearing date. Accommodations such as wheelchair access, sign language interpretation, or seated breaks may be arranged if requested in advance.
Responding to Questions at Hearing
The RPD member, your counsel and, where the Minister is intervening, the Minister's counsel may ask you questions during the hearing. How you respond will directly affect the credibility and strength of your case.
Key Principles for Responding
Careful listening to each question and ensuring understanding before answering is important. A moment may be taken to think if needed. Answers should be direct and honest. If the answer is unknown, this should be stated. Guessing or making up details should be avoided. Being specific when possible is advisable. Instead of saying "I was threatened," explaining when, where, and by whom is better. Remaining calm even if questions seem hostile or unfair is important. Keeping answers focused on the question asked is recommended.
Inconsistencies and Credibility
If there are inconsistencies between your written statement and your testimony, or if you are asked about something you previously said, address it honestly. If you made an error or misunderstood something, explain that. Do not try to hide inconsistencies. The panel member has read your file and will notice discrepancies. Honesty about errors is better than appearing to have misled the panel.
Evidence Documentation Questions
If you present documents, be prepared to explain their origin, authenticity, and relevance. The member, or the Minister's counsel where the Minister is intervening, may question the authenticity of documents. You can explain how you obtained them and why you believe they are genuine. If you cannot provide complete documentation of something that happened (for example, if there is no police report of an incident), you can still testify about it if you can credibly explain why documentation does not exist.