What Happens at a Refugee Hearing?
A refugee hearing is a crucial step in your claim for protection. The hearing typically lasts half a day and takes place in private to safeguard your and your family’s safety.
The process begins with the Refugee Protection Division (RPD) member introducing everyone present and explaining the proceedings. You will then make a solemn affirmation to tell the truth.
Next, the RPD member will review all documents submitted as evidence, assigning exhibit numbers to each. You may also need to present original documents during the hearing.
You will then testify by answering questions from the RPD member and, if present, your counsel. If you don’t have counsel, the RPD member will ask more questions to ensure your case is fully understood. The Minister’s counsel, if participating, may also question you.
If you have witnesses, they will testify after you. Witnesses stay in a waiting room until it’s their turn to speak, coming in one by one to answer questions.
After all testimony, you or your counsel will make final comments explaining why your claim should be accepted. If the Minister’s counsel is involved, they will also have a chance to speak.
The RPD member may give you a decision on the spot, or you might receive it later by mail. Either way, you’ll get a written Notice of Decision detailing the outcome and the reasons behind it.
What Happens After a Refugee Hearing?
After your hearing, the Immigration and Refugee Board (IRB) will either approve or reject your refugee claim. If approved, you’ll receive “protected person” status, allowing you to stay in Canada and apply for permanent residency.
If your claim is rejected, you’ll be required to leave Canada. However, you may have options to appeal the decision to the Refugee Appeal Division (RAD) or apply for judicial review by the Federal Court. The Notice of Decision you receive will outline these options if they apply to your case.
In some cases, rejected claimants may also apply for a Pre-Removal Risk Assessment (PRRA) to demonstrate that returning to their home country could pose a risk to their life, safety, or freedom. This additional process can help delay removal while risks are reviewed.
How to Prepare Yourself for the Hearing
Preparing for your refugee hearing is essential. Start by carefully reviewing all documents related to your claim. Familiarize yourself with the details and make sure you understand your Basis of Claim (BOC) form inside out.
If you have counsel, work closely with them to prepare. They might conduct a mock hearing to help you get comfortable with the process. Bring all required documents, including originals if possible.
On the day of your hearing, ensure you’re in a quiet, distraction-free environment if it’s virtual. Test your technology beforehand to avoid any issues. Be honest, clear, and concise in your responses, and don’t hesitate to ask for clarification if you don’t understand a question.
Remember, the goal is to present your case truthfully and accurately.
Need assistance with your refugee hearing?
Our experienced team is here to help you navigate this complex process. Contact us today to learn how we can support you.
Can I Postpone My Refugee Hearing?
Yes, it is possible to request a postponement of your refugee hearing, but it’s not guaranteed. You’ll need to provide a valid reason and submit your request to the RPD as soon as possible.
If your request is made less than 10 working days before your hearing, you must explain why it’s late. The RPD will decide whether to grant the postponement based on your circumstances.
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