You will get a Notice to Appear when we set the date for your refugee claim hearing. If you have a counsel, we will send the notice to them. Your counsel will share this with you. If you do not have a counsel, we will send the notice to you directly. The notice will give you the date, time, and place of your hearing, along with instructions on how to join your hearing.
Most hearings last less than 3 hours. The hearings are private to protect you and your family.
Important: You must be physically present in Canada for your refugee hearing and decision. If you are
not in Canada, your hearing cannot proceed and your claim may be declared abandoned.
On this page
Get support from the IRB based on your personal situation
Are you under 18 and not with an adult
If you are under 18 years of age, you are called a
minor. If you are a minor who made your refugee claim alone, the IRB will appoint a person to help you with your case. This person is called a designated representative (DR). You do not have to pay for their services.
Your DR will:
- help you understand the refugee claim process and what you need to do to present your claim
- make sure your interests are protected
- help you find a counsel if you want or need one
- help you gather evidence to support your claim
- go to your hearing with you or for you
If there are doubts about the relationship between the child and the adult, the RPD may appoint another DR. If you are a minor and have concerns about who has been appointed for you as a DR, you may
contact us and let us know.
If you need assistance or accommodations to help you make your claim
If you need support to participate in your hearing, the RPD can help you. The reasons you might need help include:
- a disability or medical condition (for example, deaf or hard of hearing)
- your age
- if you have experienced gender-based violence or harm
Some examples of support could be:
- a hearing with a RPD member of a particular gender
- having a support person with you at your hearing
- attending your hearing in-person at an IRB office
Anyone can ask for help to support their hearing. If you need this,
write to the RPD:
- make your request as early as you can
- describe the help you need, and why you need it
More information is available:
If IRCC or the CBSA (Minister’s counsel) is participating in your claim, send a copy of your request to the Minister’s counsel. You can find their address on the
Notice of Intention to Intervene.
See
Who will be at your hearing to learn more.
The Gender related task force (GRTF)
All RPD members are trained to hear and decide gender-related claims. The RPD also has a gender-related task force (GRTF) whose members receive specialized training to support respectful, trauma-informed and consistent decision-making.
If your refugee claim involves gender-related issues, you or your counsel may ask for a member of the GRTF to decide your claim. To make a request, complete the
Adjudication by the gender related task force form.
Important: If the RPD allows your request, it does not mean the RPD will decide your claim sooner. It also does not mean an
accommodation has been granted.
For more information, see
Gender related task force.
Get counsel support during the refugee claim process
A
counsel is someone who helps you through the refugee claim process. If you want to hire counsel,
do not wait until your claim is referred to the RPD, or until your hearing is scheduled, you should do it as soon as you can.
If you choose to have counsel, they can help you:
- understand the refugee claim process
- prepare documents
- represent you throughout the process
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.
You do not need to hire counsel. RPD members know how to support claimants who do not have counsel during the hearing. If you do not hire a counsel, the member will explain the hearing process to you during the hearing. You can ask them questions at any time during the hearing.
If you do not hire anyone, you will choose what evidence to present in your claim and speak for yourself.
Should you pay for counsel
You can hire a professional counsel that you pay. They may be lawyers or immigration consultants. In Quebec, counsel can also be a notary public. In Ontario, counsel can also be a paralegal.
If you pay your counsel, they must be a person who is a member of a professional association such as:
Only a counsel who is a member of a professional association can charge you a fee.
You or your counsel need to tell the RPD that they represent you. You must send the
Counsel Contact Information form to add counsel to your file.
Accessing free or low-cost legal information
If you cannot afford to pay for counsel, contact the legal aid office in your province to find out what help is available to you. If you qualify for legal aid, this may include free or low-cost legal information, or they may ask a professional counsel to help you with the refugee claim process.
If you cannot get help from legal aid, someone can represent you for free. For example, a friend, family member or volunteer can be your counsel if they are
not being paid for their help. If someone is your free counsel, you need to send us the
Notice of representation without a fee or other consideration form.
Changing your counsel
You can change your counsel.
You or your counsel must
tell the RPD in writing about the change. If a date has already been set for your hearing, make sure that your new counsel is available on the date of your hearing.
Keep a copy of your refugee claim application, your basis of claim information or BOC form and other supporting documents. You should give the documents to your new counsel so they can prepare for your hearing. Include copies of documents that you sent to your previous counsel, the RPD or the Minister.
If you do not have a copy of those documents and you cannot get them from your last counsel, you should contact the RPD as soon as you can. The RPD can send you a copy of the documents.
Find local community resources and support
If legal aid cannot help you, look for other support in your community.
Do an online search for
refugee claimant support with the name of the province, city or town where you live.
Virtual or in-person hearings at the RPD
The RPD will hold your hearing virtually (online) or in-person at an IRB office. Most hearings are virtual hearings. Your Notice to Appear will tell you if your hearing is virtual or in-person.
The IRB may decide to hold your hearing in person. If your hearing changes from virtual to in-person, we will let you know.
Virtual hearings
For a virtual hearing, you can either:
- use your own equipment at your home, office, or other private space
- use IRB equipment at an IRB office
If you want to use IRB equipment at an IRB office, you must
contact the RPD in your region at least
10 working days before your hearing. Do not count the weekend days.
In-person hearings
For an in-person hearing, you attend your hearing at an IRB office with the RPD member. Other participants, like interpreters, may attend in-person or virtually.
If you want to have your hearing held in-person, you must send the RPD an
application for an in-person hearing form to the
RPD in your region at least
10 working days before your hearing. Do not count the weekend days.
See how you can
Request a virtual hearing at an IRB office or an in-person hearing.
See the
virtual hearing guide for more information on how to prepare for your virtual hearing.
How to change the date or time of your hearing
To change the date or time of your hearing, you need to apply in writing. Use the
Application to change the date or time of a proceeding form. You must answer all the questions on the form.
The RPD will only change the date or time of your hearing for important reasons, such as a medical problem or a situation outside your control. When deciding your application, the member will consider whether you submitted it as soon as possible.
The
Chairperson's guideline: Changing the date or time of a proceeding (CDT) explains how the RPD decides these applications.
The RPD will usually not change a hearing date to accommodate counsel if:
- the RPD consulted, or tried to consult your counsel before setting the hearing date
- counsel was hired after the hearing date was set
Changing your hearing date or time if you are ill
You do not need to send a medical certificate with your application to change the date and time of your hearing. However, you may include one with your application if you want.
An RPD member may ask you to submit a medical certificate. If so, they will write to you or your counsel, if you have one, with instructions.
Important: Send your application to the RPD as soon as you know that you need to change the date or time.
Do not wait. The RPD must get your form at least
3 working days before your hearing, unless it is for medical or emergency reasons. Do not count the weekend days.
If you cannot send the application form at least 3 working days before your hearing, you must attend your hearing at the time and date listed on your
Notice to Appear and be ready to proceed. At your hearing, you can ask the RPD member to change the date or time.
If you send an application but do not receive a response before your hearing date, you must still attend your hearing at the date and time shown on your Notice to Appear and be ready to proceed.
Claims without hearings
In some situations, the RPD can accept a claim for refugee protection without a hearing. This may happen when:
- the RPD knows your identity
- the allegations are consistent with country condition information
- confirmation of front-end security screening has been received
Send your evidence to the RPD as soon as possible. This can help decide whether to accept your claim without a hearing.
Who will be at your refugee hearing
You and your adult family members who are part of your refugee claim will come to the hearing.
A member of the Refugee Protection Division (RPD) will be at the hearing. The member will decide your refugee claim.
Important: Children under 18 years old are
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 also choose to attend the hearing if they want to, after speaking with their designated representative.
See
designated representatives for more information.
Other people who may be at your hearing:
- your counsel
- an interpreter
- witnesses
- observers
- Minister’s counsel
See
Who will be at your hearing for more information.