Before Your Hearing Day
Your IRB hearing is the main opportunity to present your refugee claim. You will tell the Immigration and Refugee Board member (called a "Member") why you need protection and provide evidence to support your claim. The Member will listen to you and ask questions about your situation.
Before your hearing, it is advisable to:
- 1.Review the hearing notice: The IRB will send you a letter with the date, time, and location of your hearing. Keep this document safe and arrive early.
- 2.Organize your documents: Gather all evidence that supports your claim, including police reports, medical documents, letters, photos, and news articles.
- 3.Prepare your testimony: Write down your story and practice telling it. Focus on key events and why you fear returning to your country.
- 4.Meet with your lawyer: If you have legal representation, meet with your lawyer before the hearing to prepare. Review your evidence and practice answering questions.
Arriving at the Hearing Room
Arrive at the IRB office at least 15-30 minutes before your scheduled hearing time. This gives you time to check in, use the washroom, and take a moment to calm yourself before the hearing begins.
When you arrive:
- Tell the receptionist your name and the time of your hearing
- You may be asked to wait in a waiting area
- You may be called to meet with the Member in the hearing room
- If you brought documents, have them organized and ready to present
- If you have a lawyer or representative, they will be with you
The hearing room is typically a professional setting with a table where the Member sits and an area for you to sit, usually opposite the Member. There may be a court reporter taking notes. You can ask for an interpreter if needed.
Structure of the Hearing
The hearing typically follows this structure:
Opening
The Member will introduce themselves and explain the purpose of the hearing. They will outline the order of proceedings and tell you that you are under oath to tell the truth.
Your Testimony
You (or your lawyer) will present your case. You will tell your story, explain why you need protection, and present your evidence.
Questions from the Member
The Member will ask you questions about your claim to better understand your situation. These questions may be detailed and may seem repetitive. The Member is trying to assess the credibility and validity of your claim.
Questions from IRCC Counsel (if present)
If a government lawyer is present, they may ask questions about your claim. This is their role, not a personal attack on you.
Closing Remarks
Your lawyer (if you have one) may make closing remarks. The Member will explain what happens next and when you will receive a decision.
Who Attends the Hearing
Your IRB hearing is not public. Only certain people attend:
- •You (the claimant): You must attend your hearing
- •The IRB Member: The person who will make the decision on your claim
- •Your lawyer or representative (optional): If you have legal help
- •IRCC counsel (sometimes): A government lawyer representing the interest of Canada
- •A court reporter: Who records the hearing and takes notes
- •An interpreter (if needed): If you do not speak English or French
Example Hearing Dialogue
This shows the language such as what you might hear during your IRB hearing.
IRB Member:
"Good morning. This is the hearing for your claim for refugee protection. Please take the oath or affirmation to tell the truth. Do you understand?"
Language such as:
"Yes, I understand. I promise to tell the truth."
IRB Member:
"Please tell me your story. Start from the beginning and explain why you came to Canada and why you believe you need protection."
Language such as:
"I came to Canada because I fear persecution in my home country. I was involved in activities that the government considered dangerous. Specifically, I attended peaceful protests and was arrested and detained. During detention, I was beaten. I believe if I return, I will be arrested again and face worse treatment."
IRB Member:
"Can you tell me more about your detention? When did it happen, where did it occur, and how long were you detained?"
Language such as:
"It was in 2023, in March. I was taken to the central detention facility in my city. I was held for five days without being charged. During that time, officers beat me because they said I was an enemy of the state. I have scars still."
Presenting Your Evidence
Your evidence supports your testimony. Copies of all relevant documents should be prepared, including:
- Medical or psychological reports documenting torture or trauma
- Police reports or arrest records from your home country
- Letters from human rights organizations or religious groups
- News articles about the situation in your country
- Photos of injuries or evidence of persecution
- Government documents that show why you are targeted (passports with denial stamps, etc.)
When you present evidence, explain how it supports your claim. For example, if you have a medical report showing torture, tell the Member when you were tortured, who did it, and why it happened.
Original documents and copies should be brought. Copies can be provided to the Member while original documents should be retained.
Being Questioned by the Member
The Member will ask you questions to understand your claim better. Some questions may seem difficult or challenging. Remember that this is not personal—the Member is assessing whether your claim meets the legal definition of a refugee.
Tips for answering questions:
- •Answer truthfully: Always tell the truth, even if the answer seems to hurt your claim. Lying can result in your claim being rejected.
- •Take your time: You can ask the Member to repeat a question if you do not understand. You can pause to think before answering.
- •Be specific: Provide details with dates, names, and locations when possible. Vague answers may raise credibility concerns.
- •Stay calm: Even if questions are difficult, remain respectful and calm. Do not argue with the Member.
- •Correct yourself: If you realize you made an error in your testimony, tell the Member immediately and provide the correct information.
After Your Hearing
After your hearing concludes, the Member will tell you when to expect a decision. The decision may come:
- Immediately after the hearing (orally)
- Within a few days (by mail or in person)
- Within several weeks (for complex cases)
You will receive a written decision explaining the Member's reasons. The decision will state whether your claim was approved, rejected, or if further proceedings are needed.
If your claim is rejected, you may have the right to appeal to the Refugee Appeal Division (RAD) if you believe there was an error in the decision.
Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. The IRB hearing process is complex and individual circumstances vary. For advice specific to your situation, consult with a qualified refugee lawyer or Regulated Canadian Immigration Consultant (RCIC).