Refugee Hearing

This is the information you need to know if you are waiting for your refugees and asylum hearing notice to appear

The RPD will send you a Notice to Appear by mail when your claim is ready to be heard. On the Notice to Appear, there are two dates. The first date is the date of your hearing. The second date on your Notice to Appear is for a special hearing. In the event that you do not attend your hearing, you must appear at your special hearing to explain why you were not able to attend your hearing. At the special hearing, the member will determine whether your claim should be declared abandoned.

Hearings usually take half a day and take place in private in order to protect you and your family. There is usually a short break about halfway through the hearing.

Young children under the age of 12 who are accompanied by an adult making a refugee claim are not required to appear before the Refugee Protection Division unless the presiding member requires their attendance. When a member determines that it is necessary for a young claimant to attend the hearing, you will be informed at the earliest possible opportunity. In some situations, older children will need to participate in the hearing. If you have concerns or questions about your child participating in the hearing, contact the RPD before your hearing or raise your concerns with the member at the hearing.

If the RPD member cannot be in the same city as you, your hearing may take place by videoconference.

The member will introduce everyone and explain the hearing process to you. You will then make a solemn affirmation, which is a promise to tell the truth.

The member will go through all the documents that have been submitted into evidence and will assign an exhibit number to each. The member may also look at the original documents that you bring to the hearing.

You will be asked questions by the member and by your counsel (if you have one). If you do not have counsel, the member may ask you more questions and give you an opportunity to tell the member what you think is important.

The Minister’s counsel (if participating) may also ask questions.

If you bring any witnesses, they will testify after you have testified. Any witnesses you bring to your hearing will be asked to stay in the waiting room and will not join the hearing until after you have testified. The witnesses will then be asked to come in one by one to answer questions.

After you and any witnesses have testified, the member will ask you or your counsel to explain why you think your claim should be accepted. If the Minister’s counsel is participating, the member will give them an opportunity to comment on your case as well.

The member may decide your claim and tell you orally the decision at the end of your hearing or they may wait and send you the decision by mail. In either case, you will receive a written Notice of Decision, which states the decision and the reasons why your claim was accepted or rejected. If your claim is rejected, the Notice of Decision will also indicate whether you can appeal to the Refugee Appeal Division (RAD) or make an application to the Federal Court.