Refugee Hearings

A refugee hearing is the formal proceeding where the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) evaluates your claim for protection. The outcome determines whether you will be recognized as a Convention refugee or a person in need of protection, and whether you will be permitted to remain in Canada.

Knowing what to expect at each stage, what your obligations are before the hearing, and what options you have after the decision can significantly affect how well you are prepared. This page covers the full process, from your first notice to post-decision routes including appeal and judicial review.

Sepehr Falahati (R533959), a licensed Regulated Canadian Immigration Consultant (RCIC) authorized to appear before the IRB, works with refugee claimants throughout this process.

Who Decides Your Refugee Claim: The Refugee Protection Division

The RPD is the division of the IRB responsible for hearing and deciding refugee claims made inside Canada. An RPD member, who is an independent decision-maker appointed by the government, will review your evidence, listen to your testimony, and decide whether you qualify for protection under the Immigration and Refugee Protection Act.

To qualify as a Convention refugee, you must demonstrate a well-founded fear of persecution in your home country based on one of five grounds: race, religion, nationality, political opinion, or membership in a particular social group. Alternatively, you may qualify as a person in need of protection if you face a genuine risk of torture, a risk to your life, or cruel and unusual treatment or punishment if returned.

Less Complex Claims: Can Your Claim Be Decided Without a Hearing?

Not every refugee claim goes to a full hearing. The RPD reviews all claims to determine whether any qualify for an expedited process under the Less Complex Claims guidelines.

There are two expedited paths:

File Review Process: If your claim is selected, the RPD notifies you or your counsel and asks you to confirm within 15 days that you have submitted all additional documents, or that you do not wish to add more. If the RPD member can accept the claim based on the file alone, your claim is approved without a formal hearing and a Notice of Decision is sent to you. If the member determines at any point that a hearing is needed, your claim will be scheduled for one.

Short Hearing Process: Some claims are resolved through a focused, shorter hearing instead of the full proceeding. The RPD determines which claims qualify based on country conditions, claim type, and case complexity.

If your claim is selected for either process, you will be notified. If it is not, your claim follows the standard hearing process described below.

How Long Will You Wait for a Hearing Date?

Due to a significant backlog at the IRB, wait times for a refugee hearing date currently range from approximately one to more than two years, depending on your location, claim type, and when you filed. The IRB completed a record number of decisions in the 2024 to 2025 fiscal year and continues to work through a large pending inventory.

While you are waiting, there is one obligation that cannot be overlooked: keep your contact information current with the RPD at all times. If the RPD cannot reach you to notify you of your hearing date, your claim may be referred to an abandonment hearing. A claim declared abandoned will not be heard, and you will likely be required to leave Canada.

To update your contact information, submit a Notification of Client Contact Information form to the RPD. You must also notify IRCC and the CBSA separately of any changes.

How to Prepare for Your Refugee Hearing

Review your Basis of Claim (BOC) form thoroughly. Your BOC is the written account of why you are seeking protection. Your testimony at the hearing must be consistent with what you submitted. If you made your claim at a port of entry, your BOC must be submitted to the RPD within 45 days of the date your claim is referred, per the IRB's current practice notice. Missing this deadline can result in your claim being declared abandoned.

Gather and submit supporting evidence early. Relevant documents include your identity papers, country condition reports, medical records, police reports, witness letters, and any other materials that support your account. Submit all evidence to the RPD by the deadline listed on your Notice to Appear. If you are unable to obtain certain documents from your home country because doing so would put you at risk, document why and explain it clearly during the hearing.

Prepare your testimony. Practice explaining your story in clear, chronological order. Be consistent with your BOC. If you have counsel, a mock hearing is one of the most effective preparation tools available.

Arrange an interpreter well in advance. If you are not testifying in English or French, notify the RPD as early as possible and specify the language and dialect you need. Do not wait until close to your hearing date.

Register for a Hearing Ready Tour. The IRB offers free virtual preparation sessions called Hearing Ready Tours. These sessions cover how to prepare your evidence, what to expect on hearing day, and who will be in the room. You can also ask questions directly. Registration is free and open to all claimants.

Engage counsel before your hearing date is set. Do not wait until you receive your Notice to Appear. A licensed lawyer, RCIC, or paralegal (in Ontario) can assist you with your BOC, help you gather evidence, represent you before the RPD, and significantly improve how your case is presented.

Virtual and In-Person Hearings

Most RPD hearings are now held virtually. You can participate from a private, quiet location using your own device, or request to use IRB equipment at an IRB office. If you prefer an in-person hearing, you must submit an Application for an In-Person Hearing to the RPD Registry in your region at least 10 working days before your scheduled hearing. Your Notice to Appear will confirm the format, date, time, and instructions for joining.

Most hearings last less than three hours and are held in private to protect you and your family.

Who Will Be at Your Hearing

The RPD Member. The member is the independent decision-maker at your hearing. They will begin with introductions, explain how the proceeding will unfold, review your evidence, and ask you questions about your claim. Their role is to make a fair decision based on the facts, not to challenge you personally.

You, the Claimant. You are the central participant. You will be asked to affirm that your testimony is truthful. The hearing is built around your account of the risks you face and why you cannot safely return to your home country. Answer questions honestly and as clearly as you can. If you do not understand a question, ask for clarification before answering.

Your Counsel (if applicable). A lawyer or licensed RCIC will guide you through the hearing, help you present your case, and respond to any arguments raised by the Minister's counsel. Representation is not required, but it is strongly recommended for complex claims. If you do not have counsel, the RPD member will take additional steps to ensure your story is fully heard.

The Interpreter (if applicable). If you are not testifying in English or French, an interpreter will translate everything said during the hearing. If you believe something was not translated accurately, you have the right to ask for clarification or a correction.

The Minister's Counsel (sometimes present). A representative from CBSA or IRCC may attend to challenge your claim. This does not mean your case is in trouble. If they are present, your counsel will handle the interactions. If you are unrepresented, the RPD member will ensure you have a fair opportunity to respond. In some cases, the Minister's counsel may raise issues related to admissibility; if an admissibility hearing is also part of your situation, that is a separate but related proceeding.

Witnesses (if applicable). Witnesses wait outside the hearing room and testify separately to preserve the independence of their accounts. Ensure each witness is prepared and understands the specific details they will be asked to address.

Designated Representative (for claimants under 18). If you are under 18 and making a claim without an adult, the IRB will appoint a designated representative to protect your interests. This person is not your counsel, but they will help you understand the process, find legal representation, and support you in gathering evidence.

How the Hearing Unfolds

The RPD member opens the hearing, confirms identities, and assigns exhibit numbers to all submitted documents, including your BOC form, identity papers, and supporting materials.

You will be asked to affirm that your testimony will be truthful. The member then questions you about your claim. This is your opportunity to explain why you left your home country, what specific risks you face if you return, and why you cannot access protection there. Your counsel, if present, may also ask questions to clarify or expand your account.

If the Minister's counsel is present, they will have the opportunity to ask questions as well. After all testimony is complete, both sides have the opportunity to make final submissions before the member considers the decision.

The Decision

The RPD member may deliver a decision orally at the end of the hearing. In other cases, the decision will be reserved and sent in writing at a later date. Either way, you will receive a written Notice of Decision explaining the outcome and the reasons behind it.

After the Hearing: Outcomes and Next Steps

If Your Claim Is Approved

If the RPD approves your claim, you will receive protected person status. This means Canada recognizes that you face genuine risks in your home country and that you are entitled to protection.

With protected person status, you can:

Apply for permanent residence. You are eligible to apply for Canadian permanent residence as a protected person. Submitting this application promptly is important to solidify your long-term status.

Work and study without additional permits. Protected persons can work and study in Canada while their permanent residence application is being processed.

Access health coverage under the Interim Federal Health Program (IFHP). Coverage availability depends on your province and circumstances.

If Your Claim Is Rejected

A negative RPD decision does not end all your options. The routes available to you depend on your eligibility and how quickly you act, because each has strict deadlines.

Refugee Appeal Division (RAD)

If you are eligible, you must file your Notice of Appeal with the RAD within 15 days of receiving your written Notice of Decision. The RAD reviews whether the RPD member made an error of fact, law, or mixed fact and law. It may confirm the decision, grant protection, or refer the claim back to the RPD for re-determination.

Not all claimants are eligible for a RAD appeal. Claimants from Designated Countries of Origin (DCOs) and certain other categories may not have this option. SEP Immigration can advise you on your eligibility and help you prepare a refugee appeal.

Judicial Review by the Federal Court

If you are not eligible for a RAD appeal, or if your RAD appeal is unsuccessful, you may apply for judicial review by the Federal Court of Canada. If you are in Canada, you must file your leave application within 15 days of receiving the written decision. The Federal Court does not re-hear your case. It reviews whether the RPD or RAD decision was reasonable and procedurally fair. If leave is granted, the matter proceeds to a hearing before a Federal Court judge.

This process is legally complex and typically requires the assistance of a licensed lawyer or RCIC. For broader immigration appeals questions beyond the refugee context, a licensed representative can advise you on which route applies to your situation.

Pre-Removal Risk Assessment (PRRA)

Once a removal order has been issued and all other appeal options have been exhausted, you may be eligible to apply for a Pre-Removal Risk Assessment (PRRA). The PRRA evaluates whether returning to your home country would put you at risk of persecution, torture, or cruel and unusual treatment. Strict eligibility criteria apply, and this option is generally pursued only after all other avenues have been explored.

Key Deadlines

Missing any of these deadlines can significantly limit or eliminate your options. If you are uncertain about a deadline in your specific case, speak with a licensed representative before taking any action.

Common Challenges at Refugee Hearings

Inconsistencies in testimony. The RPD weighs credibility heavily. If your answers during the hearing differ from your BOC or earlier statements, the member may question the reliability of your account. Thorough preparation and careful review of your BOC before the hearing reduce this risk considerably.

Gaps in evidence. Documentary evidence strengthens your claim, but you are not expected to have everything. If certain documents cannot be obtained from your home country because requesting them would put you at risk, explain this clearly and provide whatever alternative evidence is available.

Language barriers. Even with an interpreter, nuance can be lost in translation. Keep your answers direct and clear. If you feel something was not accurately conveyed, you have the right to ask for clarification during the hearing.

Abandonment risk. If you miss your hearing without providing advance notice to the RPD, your claim may be referred to an abandonment hearing. Use the Application to Change the Date or Time of a Proceeding as early as possible if you need to reschedule.

Minister's counsel participation. If a Minister's representative attends your hearing, their presence does not indicate that your case is compromised. Stay focused on your testimony and allow your counsel to manage procedural exchanges.