Your IRB Hearing Day

Before Your Hearing Day

The hearing before the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) is the main opportunity to present a refugee claim. The RPD must hold a hearing (Immigration and Refugee Protection Act (IRPA), s. 170(b)), and the decision-maker, called a member, may question the claimant and any witnesses (s. 170(d.1)). The claimant and the Minister must be given a reasonable opportunity to present evidence, question witnesses and make representations (s. 170(e)).

Before your hearing, it is advisable to:

• 1.Review the Notice to Appear: The RPD sends a Notice to Appear giving the date, time and place of the hearing and instructions on how to join it. If the claimant has counsel, the notice goes to counsel. The IRB states that most hearings are virtual, held over Microsoft Teams, and that a claimant can apply for an in-person hearing or to use IRB equipment at an IRB office at least 10 working days before the hearing.
• 2.Send your documents in time: Documents a claimant wants to use at the hearing, such as police reports, medical documents, letters, photos and news articles, must be received by the RPD, and by the Minister if the Minister is intervening, no later than 10 days before the hearing (Refugee Protection Division Rules, rule 34(3)). Documents in another language must come with an English or French translation (rule 32).
• 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 counsel: A claimant may, at their own expense, be represented by legal or other counsel (IRPA s. 167(1)), but is not required to have counsel. The IRB states that members know how to support claimants who do not have counsel and will explain the process during the hearing.

Arriving at the Hearing Room

The IRB states that for an in-person hearing the claimant must be at the IRB office 30 minutes before the hearing time, and that for a virtual hearing the claimant joins the link 15 minutes before the start time so an RPD employee can check that everything works. Most hearings last less than three hours, and a break can be requested at any time.

The IRB asks claimants to have these documents with them:

• The Basis of Claim (BOC) form
• The Notice to Appear
• The originals and a copy of all evidence already sent to the RPD
• For an in-person hearing, the reception desk gives the room number
• If the claimant has counsel, counsel attends the hearing with them

The hearing is recorded, and the member says when the recording has started. Where a claimant needs an interpreter, the IRB provides one; the claimant tells the officer the language and dialect at the time of referral, and any change is sent to the RPD in writing at least 10 days before the hearing (Refugee Protection Division Rules, rule 19). Before a virtual hearing the claimant and interpreter speak first to make sure they understand each other.

Structure of the Hearing

The IRB describes the hearing in these stages:

Who Attends the Hearing

Proceedings before the RPD must be held in the absence of the public (IRPA s. 166(c)). The IRB lists the people who may be at a hearing:

• •The claimant: The claimant and the adult family members included in the claim attend. Children under 18 do not have to attend unless the member asks to hear from them. A claimant who does not attend is called to an abandonment hearing
• •The RPD member: The person who decides the claim
• •Counsel (optional): A lawyer, paralegal, Quebec notary or CICC consultant if paid, or an unpaid representative
• •Minister's counsel (only if the Minister intervenes): An officer from IRCC or the CBSA representing the Minister
• •Witnesses and observers (if any): A witness usually testifies after the claimant and waits outside the hearing room until called
• •An interpreter (if needed): Provided by the IRB when the claimant does not testify in English or French

Example Hearing Dialogue

This shows the language such as what you might hear during your IRB hearing.

Presenting Your Evidence

Evidence supports the testimony. Documents the claimant intends to rely on are sent to the RPD in advance (rule 34(3)) and may include:

• 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.)

The RPD is not bound by legal or technical rules of evidence and may base a decision on evidence it considers credible or trustworthy in the circumstances (IRPA s. 170(g) and (h)). The member also considers the IRB's National Documentation Package on the country concerned. Explaining how each document supports the claim, for example when and by whom an injury shown in a medical report was inflicted, helps the member connect the evidence to the testimony.

A party who has provided a copy of a document must provide the original to the RPD without delay if asked, or no later than the beginning of the proceeding at which it will be used (Refugee Protection Division Rules, rule 42). The IRB asks claimants to have the originals and a copy of all evidence already sent with them at the hearing.

Being Questioned by the Member

The member asks questions to understand the claim. Some questions may seem difficult or challenging. This is not personal: the member is assessing whether the claim meets the definition of a Convention refugee (IRPA s. 96) or a person in need of protection (s. 97).

Tips for answering questions:

• •Answer truthfully: The IRB states that the claimant must answer questions truthfully and as best they can. The member must decide whether the claimant is telling the truth, and adverse credibility findings are a common reason for a claim being rejected.
• •Take your time: The IRB states that a claimant who does not understand a question should ask the person to repeat or explain it. A pause to think before answering is allowed.
• •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

The member must render the decision and reasons orally at the hearing unless it is not practicable to do so (Refugee Protection Division Rules, rule 10(8)). If the member needs more time, the decision is sent later. There is no fixed statutory period within which a reserved decision must be issued.

• A written Notice of Decision with the reasons is sent in every case, to counsel if there is counsel
• If the claim is rejected, written reasons must be provided to the claimant and the Minister (IRPA s. 169(1)(d))
• The IRB sends a copy of the decision to IRCC and the CBSA

If the claim is accepted, the person becomes a protected person (IRPA s. 95(2)). The Minister may appeal an acceptance to the Refugee Appeal Division (RAD) or seek judicial review within 15 days.

If the claim is rejected, the Notice of Decision states whether an appeal to the RAD or an application to the Federal Court is available. A notice of appeal must be filed within 15 days after receiving the written reasons (Immigration and Refugee Protection Regulations, s. 159.91(1)(a)). No appeal is available in the cases listed in IRPA s. 110(2), which include a claim withdrawn or abandoned, a claim found to have no credible basis or to be manifestly unfounded, and a designated foreign national.