Video gallery

Watch videos from the Immigration and Refugee Board of Canada (IRB) that help you understand the refugee claim and immigration appeal processes. Learn how to prepare for hearings and take part in your claim or appeal.

Get ready for your refugee claim

An introduction - The refugee claim process

Watch the five-part video series to understand the roles of the Immigration and Refugee Board of Canada (IRB) and the Refugee Protection Division (RPD).

In this first video, you’ll learn the definitions of a Convention refugee and a person in need of protection. We’ll also outline what topics are covered in the other videos.

See The refugee protection claim process for more information.

Transcript - An introduction - The refugee claim process

Narrator: This video contains helpful information on refugee claim hearings. More details and updates are available on our website: irb.gc.ca
Music: Faint background music plays throughout video.
Narrator: The Immigration and Refugee Board of Canada, or IRB, is Canada's largest administrative tribunal.
Narrator: It is responsible for making well-reasoned decisions on immigration and refugee matters, efficiently, fairly, and in accordance with the law.
Narrator: The Refugee Protection Division, or RPD, is a division of the IRB. The RPD is responsible for deciding who qualifies for refugee protection among the thousands of claimants who come to Canada each year.
Narrator: When you first ask for refugee protection, an officer from Immigration, Refugees and Citizenship Canada or the Canada Border Services Agency decides if you are eligible to make a refugee claim. If you are eligible, your claim is sent to the RPD. Narrator: At the RPD, a decision maker is called a Member. A Member will decide if you qualify for refugee protection, and in that case, if you are a convention refugee or a person in need of protection.
Narrator: A Convention Refugee is a person who is outside their home country or the country they normally live in. They cannot return to their country due to a well-founded fear of being persecuted because of their race, religion, nationality, political opinion, or membership in a particular social group.
Narrator:A person in need of protection is a person in Canada who cannot return to their home country safely. If they return, they may face a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment.
Narrator: You are invited to watch the Refugee Protection Division video series for important information about your refugee claim.
Narrator: This series of four videos will answer important questions you may have as you start your refugee claim and prepare for your hearing with the RPD. Narrator: We encourage you to watch all four videos in the series. Let's take a look at what each video is about.
Narrator: The first video is called “How to Gather and Submit Evidence for Your Refugee Protection Claim”. This video is a good place to start. It gives you an overview of the refugee claim process in Canada.
Narrator: In this video, you will learn about the different types of evidence you need to gather to support your claim, and how to submit this evidence to the RPD. You will also learn about who can help you through the refugee claim process.
Narrator: The video also talks about the Basis of Claim form, and why the form is important to your claim. The Basis of Claim form helps you explain who you are, and why you are claiming refugee protection in Canada. It is very important that everything on your Basis of Claim form is complete, true, and correct, since this information helps the RPD Member decide your refugee claim.
Narrator: The second video is called “What You Need to Know Before You Attend Your Hearing". This video will help you prepare for your hearing with the RPD.
Narrator: The video explains how you will find out the date and time of your hearing. Narrator: You will also learn more about who can help you through the hearing process. For example, you can hire a lawyer, an immigration consultant, a notary public, or a paralegal as your counsel, or you can also have a family member or friend represent you. You can also represent yourself.
Narrator: You will also learn who else may be at your hearing, aside from you, your counsel, and the RPD Member, and why they are there. Narrator: This can include the Minister's Counsel, an interpreter, a witness, and an observer.
Narrator: The video walks you through how a virtual hearing works, and gives you helpful tips on how to prepare for your hearing.
Narrator: If you need a different type of hearing, like an in-person hearing at an IRB office, this video tells you how to make that request.
Narrator: The third video is called “Your Refugee Protection Hearing”. This video is all about your hearing day.
Narrator: It explains how your hearing will proceed, and how questioning works.
Narrator: You will also learn about some of the legal issues that may be considered at your hearing. These can include issues like: identity, credibility, state protection, and Internal Flight Alternative.
Narrator: The video also explains how the RPD will let you know the Member's decision on your claim, and what steps you can take after you receive your decision.
Narrator: The fourth and final video is called “Answering Your Questions About Refugee Claim Processes and Procedures”. This video goes over important information about the refugee claim process and other RPD procedures.
Narrator: You will learn more about the Basis of Claim form, including due dates for submitting the form, instructions on how to update or add information to your Basis of Claim form, and details about how to send the form to the RPD.
Narrator: You will also learn about other important due dates relating to your claim, and learn more about how to submit documents to the RPD. The video tells you what to do if you need more time to prepare and submit documents.
Narrator: By watching all four videos in the series, you will have a clearer understanding of the refugee claim process and procedures and be better prepared for your hearing.
Narrator: And remember, if you have a refugee claim with the RPD, it is important to keep your contact information up to date. Narrator: Write to the IRB if you move, or if your contact information changes, so that we can always reach you.
Narrator: For up-to-date information on the refugee claim process, go to IRB's website or call our toll free number at 1-833-931-5121 for general inquiries.
Narrator: You can also scan the QR code on screen to visit our contact us page, where you will find information on where to submit documents and how to reach us if you have any questions.

How to gather and submit evidence for your refugee protection claim

In this video, you’ll learn about the refugee claim process, including important information about the Basis of Claim (BOC) form. It also explains the types of evidence you can submit and tells you, step-by-step, how to send documents to the IRB.

See Collect your evidence for more information.

Transcript - How to gather and submit evidence for your refugee protection claim

Narrator: This video contains helpful information on refugee claim hearings. More details and updates are available on our website: irb.gc.ca
Music: Faint background music plays throughout video.
Narrator: When you make a refugee protection claim in Canada, you are responsible for providing the evidence that supports your claim. These documents will support your claim at your refugee hearing. This video will help you understand how to gather and provide your evidence to the Immigration and Refugee Board of Canada's Refugee Protection Division or RPD. But you don't have to do this alone. First, let's look at who may help you through the refugee claim process. Consider hiring a professional to help you through the refugee claim process. These professionals are called “counsel.” They may be lawyers or immigration consultants. In some places, you can also hire a notary public or a paralegal as counsel. If you want to hire counsel, you should do it as soon as possible. You will be responsible for paying your counsel, unless you are eligible to receive help from a legal aid agency in your province. If you have counsel, they will represent you at your hearing. Before your hearing, they will discuss your refugee claim with you and advise you on what evidence you should gather and provide to support your claim. If you decide to ask a friend, family member, or volunteer to represent you, they cannot charge you a fee. In this situation, the person must complete the Notice of Representation Without a Fee or other Consideration form. You can find this form in the Refugee Claims section of the IRB website under forms. You do not have to be represented by anyone. Representing yourself means that you must choose what evidence to present and what arguments to make to support your claim.
Narrator: When you made your claim for refugee protection, you spoke to an officer from the Canada Border Services Agency or from Immigration, Refugees and Citizenship Canada who decided if your refugee claim was eligible to be referred to the RPD. If you arrived at a port of entry, such as an airport or border crossing, you were provided a Basis of Claim Form and sent this completed form to the RPD. If you made your refugee claim when you were already in Canada you provided your completed Basis of Claim Form to Immigration, Refugees and Citizenship Canada (IRCC). If your claim was eligible, the officer sent your form to the RPD. No matter where you made your claim for refugee protection, the purpose of the Basis of Claim Form is the same. It is what you use to present your refugee protection claim.
Narrator: The questions on the Basis of Claim Form are meant to help you include the most important parts of your story, your life experiences, and your reasons for claiming refugee protection in Canada. The RPD uses that information to make a decision about your claim, so it is very important for everything on your Basis of Claim Form to be complete, true and correct.
Narrator: After you send in your Basis of Claim Form, you must also send in documents that support your refugee protection claim. These documents are called evidence. It's possible that you may not have been able to get all, or even any, of your evidence before leaving your country. But now that you are in Canada, it is important to start gathering your evidence. You need to submit evidence as soon as possible on your claim, and no later than 10 days before your hearing date. Do not wait until the deadline to submit your evidence. If you need to send evidence less than 10 days before your hearing, you will need to ask for permission. Permission is only granted in special circumstances. You will need to fill out an Application to submit late disclosure which you can find on the IRB website. Sending in your documents early helps the RPD decide when to schedule your hearing or if your claim may be accepted without a hearing.
Narrator: Let's take a closer look at the two types of evidence that are used to assess your claim. One is information about the conditions in your country and the other is personal documents.
Narrator: You are seeking Canada's protection against a country where you are saying that you fear persecution. To properly assess your claim, the decision-maker in your case needs to know about the conditions in your country. They will look at something called a “National Documentation Package”, or NDP. NDPs are collections of publicly available documents that report on a country's political, social, cultural, economic and human rights conditions. Conditions in a country often change, so NDPs are updated regularly. The member assigned to your claim will look at the information in the NDP for your country when they make a decision on your claim. It is important for you to review your country's NDP on the IRB's website. Since the IRB already has the evidence in the NDP, you don't need to send us any documents found in the NDP for your country. However, there may be documents about your country that are not included in the NDP. If you want to submit these extra documents to support your claim, you can send up to 100 pages. If your claim involves multiple countries, you can submit 100 pages for each country. If you have more than 100 pages for a country, you will need to fill out an Application to submit voluminous disclosure which you can find on the IRB website.
Narrator: There are also some personal documents that you do need to provide to the RPD as soon as possible. When you made your refugee claim in Canada, you should have submitted a copy of your identity and travel documents to the RPD along with your Basis of Claim form. Examples are documents that show your name and date of birth, like a passport, national identity card, birth certificate, school certificate, driver's licence, military document, or a professional or religious membership card. If you did not provide a copy of your identity and travel documents with your Basis of Claim Form, or if you received these documents after you submitted your Basis of Claim Form you must send a copy to the RPD immediately.
Narrator: Along with identity documents, you can submit other documents to support your refugee claim. Examples are proof of membership in political organizations, medical or psychological reports, police documents, business records, news clippings or social media posts. Anything that you feel supports your claim.
Narrator: After the decision-maker reviews your Basis of ClaimForm, the RPD may ask you for specific documents. You need to follow these instructions carefully. If you do not provide identity and personal documents or any of the documents the RPD requests in support of your claim, you will have to explain why you don't have them at your hearing. You will also have to show that you made reasonable efforts to try to get them.
Narrator: Now that you know what evidence to gather, you also need to know how to submit your evidence to the RPD. There are six steps to follow. Let's take a closer look at each step.
Narrator: Step one: make sure that your documents are in English or in French before submitting them. If they need to be translated from another language, include the translator's declaration and copies of the original documents.
Narrator: Step two: put all of your documents together and number the pages in order, then add a cover page. The IRB has something called a List of Claimant's Documents form that you can use as your cover page. You can find this form in the Refugee Claims section of the IRB website under forms. You can complete the form online and print it, or create your own cover page using this form as an example.
Narrator: Step three: make copies of your entire document package, including the cover page. It is important that you keep a copy of all the documents you send to the RPD so that you can refer to them at your hearing.
Narrator: Step four: submit a copy of your documents to the RPD using one of the methods set out on our website. We encourage you to use the My Case portal. Visit the IRB website to see if it is available to you.
Narrator: Step five: in some cases, the Minister's Counsel participates in a hearing. This is someone different than the person you may have hired as Counsel. The Minister's Counsel works for the Canada Border Services Agency or Immigration, Refugees and Citizenship Canada and represents the Minister of Public Safety and/or the Minister of Immigration, Refugees, and Citizenship. If the Minister's Counsel decides to participate, they will let you know by sending you a Notice of Intervention. The Minister's Counsel can participate in writing by submitting evidence to you and the RPD, or they can appear at your hearing and will ask you questions. Remember, even if the Minister's Counsel participates, an RPD member decides your claim. You should get this notice no later than 10 days before your hearing. Their address will be on that notice. If the Minister's Counsel is participating in your hearing, you must send a copy of your evidence to them and let the RPD know that you have done so.
Narrator: And the last step is step six: bring all of your documents to your hearing, including copies and originals. Those are the six steps you must take when submitting your documents to the IRB's Refugee Protection Division.
Narrator: For up-to-date information on the refugee claim process, go to IRB's website or call our toll free number at 1-833-931-5121 for general inquiries.
Narrator: You can also scan the QR code on screen to visit our contact us page, where you will find information on where to submit documents and how to reach us if you have any questions.

What you need to know before you attend your hearing

Learn about the Notice to Appear, who can help you with your claim, and who’ll be at your hearing. This video explains the roles of members, interpreters, witnesses and observers. You’ll also learn about the differences between virtual and in-person hearings.

See Get ready for your hearing for more information.

Transcript - What you need to know before you attend your hearing

Narrator: This video contains helpful information on refugee claim hearings. More details and updates are available on our website: irb.gc.ca
Music: Faint background music plays in background throughout video.
Narrator: If you are eligible to make a claim for refugee protection in Canada, you will get a hearing with the Immigration and Refugee Board of Canada's Refugee Protection Division or RPD. In some situations, the RPD can accept a claim for refugee protection without a hearing. If you send your evidence in early, the RPD will review it and may be able to decide your claim without a hearing. If you are scheduled for a hearing and your claim is ready to be heard, the RPD will send a document called a Notice to Appearwith the date, time and location of your hearing.
Narrator: Consider hiring a professional to help you through the refugee claim process. These professionals are called “counsel.”They may be lawyers or immigration consultants. In some places, you can also hire a notary public or a paralegal as counsel. If you want to hire counsel, you should do it as soon as possible. You will be responsible for paying your counsel, unless you are eligible to receive help from a legal aid agency in your province. A list of legal aid offices can be found on the IRB website. If you have counsel, they will represent you at your hearing. Before your hearing, they will discuss your refugee claim with you and advise you on what evidence you should gather to support your claim and they will help you prepare for your hearing.
Narrator: If you decide to ask a friend, family member, or volunteer to represent you, they cannot charge you a fee. In this situation, the person must complete the Notice of Representation Without a Fee or other Consideration form. You can find this form in the Refugee Claims section of the IRB website under forms. You do not have to be represented by anyone. Representing yourself means that you must choose what evidence to present and what arguments to make to support your claim.
Narrator: Before you attend your hearing, it's important to know who may be at your hearing and why.
Narrator: The member is the person who decides if you are accepted as a refugee. They will look at all the documents you provided to the RPD earlier in the claim process. They will ask you questions about your refugee claim and listen to anything you or your counsel have to say about the case, and then they will make a decision about your claim.
Narrator: In some cases, the Minister's Counsel participates in a hearing. This is someone different than the person you may have hired as Counsel. The Minister's Counsel works for the Canada Border Services Agency or Immigration, Refugees and Citizenship Canada and they represent the Minister of Public Safety or the Minister of Immigration, Refugees and Citizenship. The Minister's Counsel only participates when they have concerns about or are opposed to your claim. They will let you know if they have decided to participate by sending a Notice of Intervention to the RPD and to you. You should get this notice no later than 10 days before your hearing. The address for the Minister's counsel will be on that notice. If the Minister's Counsel is participating in your hearing, you must send a copy of your claimant's documents to them and let the RPD know that you have done so. The Minister's Counsel may participate in writing by submitting evidence to you and the RPD, or they may appear at your hearing and ask you questions. Remember, even if the Minister's Counsel participates, an RPD member decides your claim.
Narrator: You may also have an interpreter at your hearing at no cost. When you first arrived in Canada, you filled out a Basis of Claim Form. On that form, you could ask for an interpreter. If you did not ask for an interpreter at that time but you would like one, you can write to the RPD to request an interpreter. Be sure to tell the RPD what language and dialect you need your interpreter to speak. If you request an interpreter, the RPD will find an interpreter to attend your hearing at no cost to you. Interpreters are not allowed to share anything that's said at your hearing with anyone. If you're having trouble understanding your interpreter during the hearing, be sure to tell the member right away.
Narrator: A witness can also appear at your hearing. This is someone who knows about your situation and can provide information that helps the member make their decision about your refugee claim. If you want a witness to testify at your hearing, notify the RPD in writing at least 10 days before the hearing. When you write to the RPD, you should identify each witness you want to testify at your hearing, your relationship to them, the reason they're testifying, the length of time their testimony may take and whether they need an interpreter.
Narrator: You can have an observer at your hearing as well. This could be a family member or a friend who you'd like to have there for emotional support. Hearings are not open to the public, but observers are allowed with your consent. Observers are there to support you and cannot participate in the hearing.
Narrator: Your hearing may be scheduled as a virtual hearing or an in-person hearing. For a virtual hearing, you will need to be in a private, quiet location. You must have a secure internet connection. We recommend that you use a computer or tablet with a webcam and access to a phone in case there's a problem with the internet connection. Your virtual hearing will be held on Microsoft Teams. If you need help setting this up, there's a guide on our website. About five days before your hearing, the RPD will email a link to the hearing to you or your counsel. When the day of the hearing arrives, click on the link to attend the virtual hearing. You should connect to the hearing at least 15 minutes before the hearing start time to ensure that your audio and video are working. If you join the hearing early, you might be waiting in a virtual lobby. About 15 minutes before the scheduled hearing, an IRB employee will appear online. They are there to greet you, to make sure your internet connection is working and to ensure you are ready for your hearing. Have all of your documents nearby. You'll need copies of your Basis of Claim Form and the documents you submitted to the RPD. You will be asked questions about this evidence during your hearing.
Narrator: If you do not have a private, quiet location or a secure internet connection, or you have any other concerns about having a virtual hearing, please let us know as soon as you can. You can also come to an IRB office and use an IRB computer to participate in the hearing virtually. You can request to use IRB equipment by contacting the RPD registry listed on the IRB's regional contact information page. If you require a hearing where you and the decision maker attend in-person at an IRB office, you must tell us why. You can request an in-person hearing by completing the Application for an In-Person Hearing form. You can find this form on our website. We suggest that you use the form on our website as the form will help you explain why you are requesting an in-person hearing.
Narrator: In some situations, the RPD may schedule your claim for an in-person hearing. For example, if the Minister's counsel is participating in your claim, they may request that your hearing take place in person, with everyone in the same room. If this is the case, your Notice to Appear will provide instructions on how to attend your in-person hearing.
Narrator: If your hearing is being held at an IRB office, it's up to you to make sure you and your witnesses and observers arrive at least 30 minutes before the hearing. Once everyone arrives and checks in at the front desk, you will be directed to the room where your hearing will take place. Be sure to bring copies of your Basis of Claim Form, your Notice to Appear, and all the documents you submitted to the RPD, including your original documents.
Narrator: Whether your hearing is in-person, virtual from a remote location or virtual from IRB premises, it is important to know what to expect so that you are prepared and ready for your hearing.
Narrator: For up-to-date information on the refugee claim process, go to IRB's website or call our toll free number at 1-833-931-5121 for general inquiries.
Narrator: You can also scan the QR code on screen to visit our contact us page, where you will find information on where to submit documents and how to reach us if you have any questions.

Your refugee protection hearing

This video will explain the questioning process, key legal issues and how a decision is made on your claim.

See Go to your hearing for more information.

Transcript - Your refugee protection hearing

Narrator: This video contains helpful information on refugee claim hearings. More details and updates are available on our website: irb.gc.ca
Music: Faint background music plays throughout video.
Narrator: When your refugee protection claim is ready to be heard, the Immigration and Refugee Board of Canada's Refugee Protection Division, or RPD, will send you or your counsel a document called a Notice to Appear. This notice sets out the date, time, and location of your hearing. If you have counsel, they will represent you at your hearing.
Your hearing will be recorded, but a copy of the recording can only be requested by you, your counsel, or the Minister's Counsel from the Canada Border Services Agency or Immigration, Refugees and Citizenship Canada. We will now go through the hearing process in detail and point out any differences between virtual and in-person hearings along the way.
Narrator: A hearing is usually booked for a three-hour period. The member will usually take a short break in the middle of the hearing. You may also ask for a break at any time. Do not worry, if your hearing is not completed during this time, the member will request that another date and time be scheduled to continue your hearing. When the hearing begins,the member starts the recording and says, “We are now on the record”. The member then introduces themselves and all the participants. If there is an interpreter, the member confirms that you and the interpreter can understand each other. Interpreters are professionals. They have taken an oath to interpret everything accurately and to fully respect the private nature of the proceeding.
Narrator: For virtual hearings, the member asks you where you are connecting from. You are not required to have anything in front of you but keep your evidence close by in case the member asks to see a document. The member also asks everyone else who is connected to the hearing to confirm that they are alone in the room and that the hearing cannot be seen or heard by others.
Narrator: If you have any problems with audio or video during a virtual hearing, you should let the member know right away. If you lose your connection to the virtual hearing, you should try to reconnect. If that does not work, contact the RPD Registry at the number on your Notice to Appear right away.
Narrator: At the hearing, the member goes over all the documents that will be used as evidence during your hearing. You or your counsel should have all original versions of the documents you provided to the RPD as evidence. The member may also ask for the documents to be provided to the RPD for physical inspection. If this happens during a virtual hearing, the member will give instructions about where and how to send the documents.
Narrator: Once the documents have been reviewed, the member asks you to make a promise to tell the truth. The member then asks you to confirm that the contents of your Basis of Claim Form are complete, true, and correct. Your hearing will be recorded. It is important to speak clearly and loudly to ensure your full answers are recorded. Next, the member explains how the hearing is going to proceed and how questioning works. At this time, they also let you know which legal issues, if any, they may want more information about.
Narrator: Here are some examples of the kinds of legal issues that may be explored at your hearing. Identity is one possible legal issue. Identity means proving who you are and what country you are a citizen of. If you are not a citizen of any country, you need to prove where you normally lived. This is usually confirmed through passports or other identity documents issued by the government where you lived.
Narrator: Another legal issue is credibility. Are you telling the truth? This is one of the reasons you are asked questions at your hearing. Your answers help the member decide if the information you provided in your Basis of Claim form and other documents is true.
Narrator: State protection is another legal issue. Are the police and other authorities, such as the government or justice system in your home country, able to protect you from harm? Did you ask for help in your home country? These are important questions because Canada can only give you protection if you can show that you cannot access protection in your home country.
Narrator: Another legal issue is calledInternal Flight Alternative. In other words, is there another place in your home country where you would be safe? Would it be reasonable, considering your circumstances, for you to live somewhere else in your country instead of staying in Canada?
Narrator: Now let's look at how questioning works. During your hearing, you are asked questions about your claim. Your answers are called your “testimony”. The purpose of questioning is to give the member more information to help them make a decision about your claim. If you are using an interpreter, try to speak in short sentences. This allows for more accurate interpretation. If you do not understand a question, tell the member that you do not understand.
Narrator: If Immigration, Refugees and Citizenship Canada or Canada Border Services Agency are participating in your hearing, they usually ask you questions first. Next, the member will ask you questions. And then your Counsel may ask you questions. If you are not represented by counsel, the member gives you an opportunity to tell them everything you feel supports your case. The member may then ask you some follow-up questions.
Narrator: If you bring any witnesses to your hearing, the member usually asks them to testify after you are done. For an in-person hearing, witnesses stay in the waiting room until it is their turn to give evidence. For a virtual hearing, witnesses are asked to connect to the hearing at a particular time.
Narrator: When the questioning is done, the member asks you or your counsel to explain why you think your refugee claim should be accepted. This is called an oral submission. A submission is a summary of the evidence that has been presented, and an explanation of how the country information and the law relate to your circumstances. The member might ask you or your counsel to provide submissions at the end of the hearing. If Immigration, Refugees and Citizenship Canada or Canada Border Services Agency are participating in your hearing, the member also gives them an opportunity to make a submission on your case.
Narrator: It is the RPD member who will decide your refugee claim. The member may tell you the decision and the reasons for the decision at the end of your hearing. Or they may need additional time to consider your evidence and testimony. If it is not possible to tell you the decision right away, it is provided to you later. In either case, you will receive a Notice of Decision that provides you with the decision on whether your claim has been accepted or rejected.
Narrator: If you receive a negative decision on your refugee claim, and you do not agree with it, you may file a Notice of Appeal to the Refugee Appeal Division or (RAD) within 15 days of receiving your decision. For more information, go to the Refugee appeals section on the IRB website and visit Filing a refugee appeal. If you wish to appeal to the RAD, it is a good idea to seek legal advice as soon as possible.
Narrator: If you are not eligible to appeal to the RAD, you can present an application for Leave and for Judicial Review to the Federal Court of Canada. This means a judge will review the RPD's decision on your claim. There are strict deadlines to apply for judicial review. If you want to apply for judicial review, you should seek legal advice as soon as possible.
Narrator: Your notice of decision will provide more information about your appeal rights.
Narrator: Make sure that your contact information is up to date with the IRB, even after your hearing.
Narrator: For up-to-date information on the refugee claim process, go to IRB's website or call our toll free number at 1-833-931-5121 for general inquiries.
Narrator: You can also scan the QR code on screen to visit our contact us page, where you will find information on where to submit documents and how to reach us if you have any questions.

Answering your questions about refugee claim processes and procedures

This last video answers common questions about the refugee claim process. It covers important topics like due dates for the BOC form, working with counsel, how to submit documents, how to reschedule a hearing and when children must attend the hearing.

See The refugee protection claim process for more information.

Transcript - Answering your questions about refugee claim processes and procedures

Narrator: This video contains helpful information on refugee claim hearings. More details and updates are available on our website: irb.gc.ca
Music: Background music plays throughout video.
Narrator: Now that you have made your refugee claim, you may have questions about some of the processes and procedures at the Refugee Protection Division or RPD. This video provides answers to help you better understand some of your options when submitting forms and documents or scheduling your hearing. When your claim was referred to the RPD, you would have been given a Confirmation of Referral letter, along with a Basis of Claim Form. You will use the Basis of Claim Form to provide information about your refugee claim, including details about who you are and why you are seeking protection in Canada.
Narrator: Here are some of the questions you may have. If you were told to send your Basis of Claim Form to the RPD, it is very important that you send the form within 45 calendar days from the day your claim was sent to the RPD. If you can't find the due date or are unsure, please contact the RPD. Our contact information can be found on the website for the Immigration and Refugee Board of Canada or IRB.
Narrator: If you are worried you won't be able to get your Basis of Claim Form in by the due date, you may ask for extra time. Use the form on the IRB website to explain why you need more time and how much additional time you need to complete the Basis of Claim Form. The RPD will grant extensions of time in special circumstances only. If you do not have counsel to help you or you do not have access to a computer to find the form, you may write a letter explaining why you need more time. A Member of the RPD will review your explanation, then make a decision on your application. They will let you know their decision.
Narrator: If you were not able to send your Basis of Claim Form in by the due date and the RPD has not given you more time to send the form, you must attend a special hearing on abandonment. At this hearing, you must explain the reasons why your Basis of Claim Form was not submitted on time. The RPD will then decide if your claim may continue or will be declared abandoned. If your claim is declared abandoned, the RPD will close your file and you will not be allowed to make another claim for refugee protection in Canada.
Narrator: If you made a mistake on your Basis of Claim Form, or forgot to include something important, you can make changes to the form. You can use a copy of the Basis of Claim Form you already submitted and make the changes on that form. Be sure to underline the information you changed or added, and cross out anything you want removed. You do not need to sign your updated form if you are sending it electronically, such as through the My Case Portal. However, you must sign the form if you are sending it by mail, courier or in-person. Send the updated Basis of Claim Form to the RPD as soon as you can. Remember that all documents must be dated, even if submitted electronically. Visit the IRB website to see if the My Case portal is available for you. During the hearing, the Member will ask you to confirm that the contents of your updated Basis of Claim Form are complete, true, and correct. As part of your hearing, the Member will also ask you questions about the information on your Basis of Claim Form.
Narrator: You do not have to hire counsel, but you may want someone to help you through your refugee claim process. If you decide to hire and pay a lawyer or immigration consultant to be your counsel, they must be licenced. In some places, a notary public or paralegal may also represent you. You are responsible for paying your counsel unless you are eligible for help from a legal aid agency. If you cannot afford to pay for counsel, try contacting the legal aid office in your province to find out what help, if any, is available to you. You can find information about legal aid offices on our website. If legal aid is not possible, consider looking for other support in your community. Search “refugee claimant support” on the internet and include the name of the city or town where you live. This will lead you to a list of organizations that may be able to give you support or advice.
Narrator: Your documents must be submitted in either English or French. If any of your supporting documents are written in another language, you must attach a translation of those documents in either English or French. The documents must be translated by a person and must include that translator's declaration, confirming that they translated the documents for you. You cannot use software or online translation tools like Google Translate.
Narrator: It is important to submit any additional documents to the RPD as soon as possible or no less than 10 days before your scheduled hearing. Do not wait until the deadline to submit your evidence. If you need to send evidence less than 10 days before your hearing, you will need to ask for permission. Permission is only granted in special circumstances. You will need to fill out an Application to submit late disclosure which you can find on the IRB website. On the application form, you must clearly explain why you are submitting additional documents less than 10 days before your hearing. Documents submitted without this application will not be considered. If you do not have counsel to help you or you do not have access to a computer to find the application form, you may write a letter to the RPD explaining why you are submitting additional documents less than 10 days before your hearing. A Member of the RPD will review your explanation, then make a decision on your application. The RPD will let you know their decision.
Narrator: Children who are refugee claimants do not need to attend your hearing, unless they will be over the age of 18 on the date of the hearing, or the RPD asks for them to be there. Children under the age of 18 on the date of the hearing may attend the hearing if they wish. Older children sometimes wish to contribute by testifying or attending. This should be discussed with your counsel, if you have one, or your designated representative. A designated representative is someone who represents a person appearing before the RPD who is unable to represent themselves because they are under 18 years of age or are unable to understand the nature of the proceedings. A designated representative is appointed by the RPD.
Narrator: If you are not available to attend your hearing or you are not ready for your hearing, you can make an application to change the date and time using the form on the IRB website. The RPD will only accept a request for changing the date and time of a hearing in special circumstances. On your application form, you must explain why you want to change the date or time of your hearing. It is important to submit your application as soon as you can and no later than three working days before your hearing, unless your request is because of a medical reason or other emergency. If you do not have counsel to help you or you do not have access to a computer to find the application form, you may write a letter to the RPD explaining why you need to change the date or time of your hearing. A Member of the RPD will review your explanation, then make a decision on your application. The RPD will let you know their decision. If the RPD denies your application, you must be ready to proceed on the date and time of your hearing. If you do not receive a response, you must appear at your hearing and be ready to proceed. The Member will decide your application then.
Narrator: We are always trying to make the refugee claim procedures more efficient for claimants. To get the latest information or to ask us a question, you can always call or write one of our regional offices. Remember that we cannot provide advice about your specific refugee claim, but we can help explain the different processes and procedures and direct you to the relevant resources available on the IRB website.
Narrator: For up-to-date information on the refugee claim process, go to IRB's website or call our toll free number at 1-833-931-5121 for general inquiries.
Narrator: You can also scan the QR code on screen to visit our contact us page, where you will find information on where to submit documents and how to reach us if you have any questions.

Get ready for your immigration appeal

In this video, you’ll learn about the immigration appeal process, including:

the steps in an immigration appeal
who’s involved in your appeal
how to send your documents
what to expect at your hearing

If you’re representing yourself or have unpaid counsel, you’ll be invited to a meeting with an Early Resolution Officer (ERO) to discuss your case. You must watch this video before your meeting.

See Making an immigration appeal for more information.

Transcript - Get ready for your immigration appeal

Narrator: Welcome to the Immigration Appeal Division, also known as the IAD.
Narrator: In this video you will learn what to expect and how to prepare for your appeal process. If you are self represented, you will be invited to meet with an Early Resolution Officer to discuss your case. You will be required to watch this video before this meeting.
Narrator: In this video, you will learn about who are the participants in an appeal, representation by counsel, what the appeal record is and the decision you're appealing, important deadlines for sending your documents, how to prepare and send your documents, next steps after you send your documents, and why it's important to keep your contact information up to date.
Narrator: There are several people who may be part of your appeal process at the IAD. We will now go over who they are. The appellant: this is you, the person making the appeal. Your counsel: they can help you with your appeal. You can also choose to represent yourself. The Minister’s counsel is a representative from the Canada Border Services Agency, CBSA, who speaks for the department that rendered the decision you are appealing, either the Minister of Public Safety, or Immigration, Refugee and Citizenship Canada. You and the Minister are the two parties in the appeal. A member hears your appeal and makes a decision based on the evidence provided. An Early Resolution Officer, or ERO is an IAD employee who helps you understand the process and prepare your case. An ERO doesn't give you legal advice. Your witnesses include yourself and other individuals you call on to testify at your hearing. An interpreter translates everything that said, so everyone can understand.
Narrator: If you or your witnesses don't speak or understand English or French, the IAD will provide an interpreter for the hearing.
Narrator: If you choose to be represented by a counsel during your appeal, you need to tell us as soon as possible. If your counsel charges you a fee, you need to confirm they are authorized to appear in front of the IRB. Ask them to complete and send the Counsel Contact Information Form to the IAD. This form tells the IAD what organization your counsel belongs to. Make sure they include their membership identification number. If you have an unpaid counsel, you need to complete and send the Notice of Representation without a fee or other consideration form to the IAD. You and your unpaid counsel will need to sign and date the form. The person who represents you must be ready to respond to all IAD requests and attend all proceedings.
Narrator: You should have received an appeal record. The appeal record contains important documents that explain the reasons for the decision you are appealing and what information was used to make that decision. Take time to read the appeal record carefully. Write down any questions you have about it. You can bring these up when you meet with the Early Resolution Officer. You can send documents to support your appeal. This is called disclosure. After you receive the appeal record, you have 60 days to send your disclosure and the Notice of Disclosure form. The IAD will send you a letter confirming the deadline for submitting your documents. If you are representing yourself, this letter will invite you to a virtual Appeal Readiness Meeting with an ERO. If you do not have any documents to send, you need to tell the IAD and the Minister’s counsel by completing the Notice of Disclosure form and checking off Option B. Another option is to send a written statement saying you don't have documents to send in support of your appeal.
Narrator: If the IAD doesn't receive your documents or your statement by the deadline, the IAD can dismiss your appeal or declare it abandoned. This means your appeal will be closed and the original decision will not change.
Narrator: Documents you send for disclosure to support your appeal must be in the correct format. If they aren't, you'll need to fix and send them again. If you don't fix them, you may not be allowed to use them in your appeal.
Narrator: Step 1: gather your documents. Copy or scan the documents you want to send in support of your appeal. These can include letters of support from family members or friends, photographs, money transfer receipts, medical documents, records of communication, and travel documentation such as tickets, itinerary or receipts.
Narrator: Make sure each document is scanned at letter size 8 1/2 by 11 inches or 21 1/2 by 28 centimeters.
Narrator: Save all documents in PDF format. Your documents must be in either English or French. If you have a document that is not in English or French, then you must send a copy of the original document in the language it was written, a translation of the document into English or French, and a translator’s declaration. The person who translated the document must sign and date a statement that says they accurately translated the entire document from the language in which it was written into English,
Narrator: or French. The translator does not need to be a professional, but they cannot be someone who has an interest in the outcome of the appeal. For example, you cannot translate the documents yourself or ask a friend, a family member, or your counsel to do it.
Narrator: Step 2: write an explanation letter. You can write a letter to explain why your appeal should be allowed and how your documents support your appeal. Be sure to label each document so you can clearly reference it in your letter.
Narrator: For example, if you include a photograph, add a caption that indicates who was in the picture, their relationship to you, as well as when and where it was taken.
Narrator: If you include a receipt, explain what it shows and how it supports your appeal.
Narrator: Step 3: Organize your documents. Put your documents in the order you want them to appear. The first page should be a list of the documents you are sending as disclosure. You'll learn more about this in Step 5.
Narrator: Step 4: Number the pages. Number the pages continuously like a book, for example 1, 2, 3 and so on.
Narrator: Step 5: Create a list of documents. Use the fillable List of documents form. Write your name, your IAD file number and UCI number. You can find these numbers on the first page of any letter from the IAD. Include a description of each document and their page numbers.
Narrator: Step 6: Save everything as a PDF. Combine all your documents into a single PDF file.
Narrator: Step 7: Send your document package. The IAD prefers that you send your document package by e-mail as a PDF attachment. If you can do so, you will not need to send a paper copy. Send your e-mail to the IAD and the Minister’s counsel. In the subject line, always include your name, your IAD file number, and your UCI number. You may have to divide your document package into more than one part due to e-mail size limitations. Don't forget you have 60 days from the day you received the appeal record to send your documents.
Narrator: If you cannot send by e-mail, you can send your documents by regular mail. You need to keep the original documents, send copies only, and send your document package to the IAD and an identical copy to the Minister’s counsel. The 60 day deadline still applies even if you choose to send your documents by regular mail. Don't resend documents that are already in the appeal record.
Narrator: Once the IAD receives your document package, an Early Resolution Officer will review your documents. They'll decide the next steps to help move your appeal forward quickly and fairly. In most cases, a hearing may be required. However, in some situations your case might be suitable for an Alternative Dispute Resolution, or ADR, conference.
Narrator: An ADR is a one-hour meeting with you, the ERO, the Minister’s counsel, and your counsel, if you have one, to see if the appeal can be resolved without a hearing. The ERO will be able to tell you if an ADR conference might be an option in your case. You may also be requested to participate in other types of proceedings that are not specifically covered in this video.
Narrator: Next, we will explain how the hearing process works.
Narrator: If a hearing is required, you'll receive a Notice to Appear. This notice will tell you when and how to attend your hearing. Most hearings are done by videoconference or telephone. Take the time to carefully read the Notice to Appear.
Narrator: Witnesses can be helpful to your case. Their testimony should focus on what you need to prove to win your appeal. If you are calling on a witness, you need to complete the witness form at least 30 days before your hearing.
Narrator: Use this form to provide the list of witnesses you want to testify at your hearing. Fill in your name, IAD file number, and UCI number. Add yourself as the first witness if you plan to testify. For each witness, include their contact information if an interpreter is needed, how much time is needed for their testimony, and a short statement on what they will say.
Narrator: Send the completed witness list by e-mail to the IAD and the Minister’s counsel in the same e-mail. Share the hearing link and teleconference numbers from your Notice to Appear with your witnesses. Confirm they'll be reachable by phone on the day of the hearing.
Narrator: A hearing, whether it is virtual or in person, is a formal process like a court. It is the IAD’s expectation that all attendees are respectful and considerate during the hearing of their appeal.
Narrator: Dress and act professionally.
Narrator: Join from a private, quiet place with a reliable and stable Internet connection.
Narrator: Drinking water is allowed during the hearing, but eating is not permitted.
Narrator: If you need a break, you will be able to request one.
Narrator: Listen carefully to the Member and the Minister’s counsel. Do not interrupt or speak over anyone.
Narrator: Here's what usually happens during a hearing.
Narrator: The IAD Member will start the hearing by introducing everyone in attendance and reviewing the documents in the appeal.
Narrator: The Member may ask you to explain why your appeal should be allowed. You will answer questions from the IAD Member and the Minister’s counsel. You can clarify certain points after the Minister’s counsel's questioning.
Narrator: If you have witnesses and you do not have a counsel, you must prepare questions for your witnesses. The Member and Minister’s counsel can also ask them questions.
Narrator: The IAD Member will ask for your oral submissions. You or your counsel will explain how the evidence supports your appeal. The Minister’s counsel will explain their position.
Narrator: After the hearing, the IAD member will review the documents and testimony and make a decision. You will receive a decision and written reasons approximately 60 days after the hearing.
Narrator: Sometimes the member can decide your case on the day of the hearing and give oral reasons. If this happens, you will receive a transcription of the reasons with the decision.
Narrator: If at any point in the appeal process your contact information changes, you must inform the IAD and the Minister’s counsel immediately.
Narrator: Important reminder: if you don't respond to a request from the IAD or if you do not attend an IAD proceeding, your appeal can be declared abandoned. This means your appeal will be closed and the original decision will not change.
Narrator: To be ready for your virtual meeting with an Early Resolution Officer, follow the instructions in the letter inviting you to the Appeal Readiness Meeting.
Narrator: Make sure to read the appeal record if you have received it. Download the Microsoft Teams app on your device and write down any questions for the ERO. We look forward to meeting you at your Appeal Readiness Meeting.
Narrator: Thank you for watching this video. Visit irb.gc.ca for more information.

Consult the following forms from the video:

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