The following people may be at your hearing:
Claimant: The refugee protection claimant is you and any family members who are part of your claim.
Minors: Children under 18 years of age are called minors. They do not have to come to the hearing unless the RPD member asks to hear from them. If a minor must attend the hearing, we will tell you ahead of time.
A minor can attend the hearing if they want to, after speaking with their designated representative. This is someone who helps the claimant under 18 years old or who is unable to understand the process.
See the
designated representative guide for more information on what a designated representative is and how they can help.
RPD member: This is the person deciding your refugee claim.
They will:
- decide what issues are important to make a decision about your claim
- lead the hearing
- ask you questions about your claim and the documents you sent
- listen to what you or your counsel have to say about your claim
- decide your claim
Your counsel: This is the person you asked to represent you. Their role is to protect your interests, including your right to a fair hearing.
Your counsel can be:
- a lawyer
- an immigration consultant
- a notary public (Quebec only)
- a paralegal (Ontario only)
- a friend, family member or volunteer if they are
not being paid for their help
See
Get counsel support for more information.
Your counsel will:
- submit documents, letters, and evidence to the RPD for you
- share documents they received from the RPD with you
- attend the hearing with you
- help you present your refugee claim by asking you questions
- say why your claim should be accepted
Reminder: You are responsible for presenting your refugee claim. This means answering questions from your counsel and the member during the hearing about your claim.
Minister’s counsel: This is a person from the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC).
The Minister’s counsel usually participates if they don’t agree with your claim. If you got a Notice of Intent to Intervene letter, the Minister will send documents and arguments to you and the RPD in writing, or they will attend your hearing.
If the Minister’s counsel attends your hearing, they will:
- ask you questions about your claim and documents you sent
- say why your claim should not be accepted
The Minister does not make the decision on your claim. The RPD member always decides refugee claims made in Canada.
Interpreter: You can have an interpreter at your hearing if you don’t speak enough French or English for the hearing.
The IRB can provide an interpreter to you for free.
The interpreter is neutral and they do not take sides. Their job is to interpret to the best of their ability. If at any time during the hearing you have trouble understanding the interpreter, tell the RPD member immediately.
In your basis of claim information in your refugee claim application or your basis of claim form, you can tell the RPD which language you want to speak at your hearing and if you need an interpreter.
Important: If you need an interpreter for your hearing but did not request one in your refugee claim application or in your basis of claim form,
contact the RPD as soon as you can.
Observer (friend or family): You can have a friend or a family member at the hearing for support. They cannot speak or participate in any way, they can only listen.
Witnesses: A witness knows something about your claim and gives information to help the RPD member decide.
You can bring a witness to your hearing. A witness knows about your claim and can give information that will help support your claim.
Witnesses must be ready to answer any questions about the information they give. They cannot join the hearing before they testify. They will be told when to join the hearing.
At least 10 days before the date of your hearing, send the RPD information about each of your witnesses, including:
- their address, telephone number or other contact information
- your relationship to the witness
You must explain why they will be speaking at the hearing and what information they can share.
You must tell us how much time they will need to speak at the hearing. You must also tell us if the witness needs an interpreter and the language and dialect they will use.
You can ask us if your witness can attend:
- in person
- by videoconference
- by telephone
If the witness is an expert:
- tell us about their expertise and qualifications
- ask them to write and sign a summary of what they will say at the hearing
- send the signed summary to the RPD
The RPD member will decide at your hearing if they need to hear the witness
Witnesses can only answer questions asked by the RPD member, you or your counsel if you have one, or the Minister's counsel.
See
Collect evidence that supports your claim for more information.