You will get a
Notice to Appear letter when we set the date for your refugee claim hearing. If you have a counsel, we will send the letter to them. Your counsel will share the letter with you. If you do not have a counsel, we will send the letter to you directly. The letter 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.
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.
Your designated representative will:
- help you understand everything about your claim
- protect your interests
- help you find a counsel if you want one
- help you gather evidence to support your claim
- go to your hearing with you or for you
Important: The designated representative is not your counsel. They are a free resource appointed by the IRB to help you understand the refugee claim process and support you during it.
See the
Designated Representative Guide for more information.
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 Refugee Protection Division (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:
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 hearing date is scheduled, you should do it as soon as you can.
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
- explain the facts of your claim to the RPD member
- say why your claim should be accepted
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 RPD member will explain the hearing process to you during the hearing. You can ask them questions at anytime 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. 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:
- a provincial law society (for a lawyer or paralegal, in a province that allows paralegals to be members of the law society)
- the Chambre des notaires du Québec
- the College of Immigration and Citizenship Consultants
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.
Accessing free counsel
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 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 BOC form and other 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 letter 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
You use your own equipment at your home, office, or other private space to participate in the hearing.
Or
You use IRB equipment at an IRB office for your hearing.
If you want to use IRB equipment at an IRB office, you must
contact the RPD Registry in your region at least
10 working days before your hearing. Do not count the weekend days.
In-person hearings
You come to an IRB office to attend the hearing in the presence of 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 Registry 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.
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.
The RPD will only change the date or time for special reasons, like medical problems or situations beyond your control. If you submit the form, but you do not get a response before your hearing date, you must attend your hearing at the time and date listed 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. For example, when we know who you are, there is clear evidence that you would be at risk generally faced by claimants in your country, and there are no security issues.
It is important to send your evidence to the RPD as soon as possible so we can decide whether to accept your claim without the need for 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 of age 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.