Preparing for a Refugee Hearing in Canada

A refugee hearing is the stage at which the Refugee Protection Division (RPD) considers the refugee claim, the evidence in the file and the claimant’s testimony. The Notice to Appear provides the date, time and instructions for attending the hearing. Depending on the case, the hearing may take place virtually or in another format specified by the RPD.

Preparation should begin with a careful review of the existing record. This includes the Basis of Claim (BOC), identity and travel documents, evidence previously submitted, country-condition material, correspondence from the Immigration and Refugee Board of Canada (IRB) and any other documents relevant to the claim. The objective is not to memorize answers, but to understand the record and be able to explain the facts accurately and consistently.

During the hearing, the RPD member may ask questions about the events described in the claim, the information contained in the BOC, supporting documents, travel or immigration history, conditions in the country of reference and other issues the member considers relevant. If the claimant has counsel, counsel may also ask questions. In some cases, a representative of the Minister may participate and ask questions as well.

Evidence, witnesses and any changes or additional information must be handled according to the RPD Rules and applicable procedural deadlines. For that reason, documents should be reviewed well before the hearing rather than waiting until the hearing date approaches.

If you need help reviewing the written record before the hearing, see Refugee BOC & Evidence Preparation. If you need an individualized review of your existing file, consider a Professional Immigration Case Assessment. If you are not sure which service fits your situation, Start Here.