By Elda Toro, Articling Student, Lewis & Associates LLP
For most refugee claimants, the hearing at the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) is the single most important day in their case. In a few hours, a decision-maker will listen to your story, test your evidence and decide whether Canada will protect you. Good preparation can make the difference between acceptance and refusal.
The rules also changed recently. On November 3, 2026, amended RPD Rules and a new RPD practice notice took effect, with new deadlines for personal documents and changes to the Basis of Claim. This guide explains what happens at a refugee hearing, the deadlines you must meet, how to prepare your evidence and testimony, and what comes after the decision. For a general overview of the claim process, see our article on claiming refugee protection in Canada, and for other routes to immigration to Canada, see our complete immigration guide.
Refugee Protection Division
Your Refugee Hearing at a Glance
What the IRB tells claimants to expect.
- Are you a Convention refugee (s. 96)?
- Are you a person in need of protection (s. 97)?
- Your testimony and Basis of Claim
- Identity and personal documents
- Country conditions evidence
What the RPD Must Decide
The member who hears your claim decides whether you meet one of two legal tests in the Immigration and Refugee Protection Act:
- Convention refugee (section 96): you have a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group or political opinion, and you cannot or will not seek protection from your country.
- Person in need of protection (section 97): returning would personally expose you to a danger of torture, or to a risk to your life or of cruel and unusual treatment or punishment. The risk must exist in every part of your country, must not be faced generally by others there, and must not result from lawful sanctions or inadequate health care.
In practice, most hearings turn on a few issues: your identity, your credibility, whether your fear is objectively supported by country evidence, whether your government could protect you, and whether you could safely live in another part of your country (an internal flight alternative). Your preparation should address each one.
The November 2026 Rule Changes
The IRB’s practice notice on procedural issues, signed on November 3, 2026, sets transition rules that depend on when your claim was referred to the RPD. Your Notice to Appear and the documents you received at referral tell you which group you are in.
| Your claim was referred to the RPD | Personal documents due | Country conditions evidence due |
|---|---|---|
| On or before November 2, 2026 | 10 days before the hearing | 10 days before the hearing |
| November 3, 2026 to January 3, 2027 | 60 days after referral (no application needed) | 10 days before the hearing |
| On or after January 4, 2027 | 30 days after referral | 10 days before the hearing |
Other changes include:
- Basis of Claim information online: for claims referred on or after November 3, 2026, the Basis of Claim information is submitted through the IRCC portal; older referrals still use the BOC form.
- Earlier deadline to change your BOC: if you receive your Notice to Appear on or before January 3, 2027, changes are generally due 10 days before the hearing. If you receive it on or after January 4, 2027, changes are due no later than 5 days after you receive the notice.
- A dedicated form: changes or additions to your BOC must be filed using the RPD’s form for changes to the BOC form or BOC information.
These deadlines are much earlier than before. If your claim was recently referred, start gathering your documents now rather than waiting for a hearing date.
Step 1: Review and Correct Your Basis of Claim
Your Basis of Claim (BOC) is the written story of why you fear returning. The member will read it before the hearing and compare it with your testimony. Inconsistencies between the BOC and what you say at the hearing are one of the most common reasons for negative credibility findings.
- Read your BOC again, slowly, in your own language with the help of the interpreter’s translation if needed.
- Check every date, name, place and sequence of events.
- If something is wrong or missing, file the changes on the RPD form by the deadline that applies to you. Do not wait until the hearing to correct it.
- Make sure the BOC explains not only what happened, but why you believe it will happen again if you return.
Adding important events late, without a good explanation, can harm your credibility. If you remember something new, discuss it with your lawyer immediately.
Step 2: Gather Your Evidence
Your testimony is evidence, but supporting documents carry significant weight. The IRB generally expects claimants to provide reasonably available documents or explain why they cannot.
| Type of evidence | Examples |
|---|---|
| Identity | Passport, national identity card, birth certificate, other official ID |
| Your personal story | Police reports, court documents, medical or psychological reports, threats received, membership cards, photos, news articles naming you |
| Witnesses and letters | Letters from family, community members, political or religious organizations, with a copy of the writer’s ID |
| Country conditions | Recent reports on the treatment of people in your situation, beyond what is already in the IRB’s National Documentation Package |
| Life in Canada (where relevant) | Evidence of religious practice, community involvement or relationships that relate to your claim |
The IRB publishes a National Documentation Package (NDP) for every country, a collection of public reports on country conditions. Read the most recent NDP for your country, because the member will rely on it. Do not resend documents that are already in the NDP. According to IRB Step 4, you can file up to 100 pages of country conditions documents per country without permission; more requires an application.
Document format and translations
- Documents must be clear, typed or legibly copied on letter-size paper, numbered consecutively and listed.
- Any document not in English or French needs a translation, a copy of the original and a translator’s declaration stating the translator’s name, the language and dialect, and that the translation is accurate.
- Under the IRB’s current guidance in Step 5, a human translator must review the translation; translation software alone is not enough, and the translator must say whether artificial intelligence was used.
- Artificial intelligence must not be used to create or change evidence. Using AI to prepare other documents, such as written submissions, must be declared.
- Send documents through My Case if you have been invited to use it, or by email in PDF, and copy the Minister’s counsel if the Minister is intervening.
If you obtain an important document after the deadline, apply to the RPD for permission to use it as soon as possible. The IRB says not to wait until the day of the hearing.
Before the deadline
Evidence Checklist
Items to confirm before you file.
- Identity documents: originals ready, copies filed
- Every non-English or non-French document translated with a declaration
- Documents numbered and listed
- Letters include the writer’s contact details and ID
- Latest National Documentation Package reviewed
- Country evidence within the 100-page limit, or an application filed
- Witness information sent on time
- Copies sent to the Minister’s counsel if required
Step 3: Arrange Witnesses and an Interpreter
If a witness will testify for you, you must give the RPD and any other party written information about the witness in advance, including contact details, what the witness will speak about, how long the testimony will take and the witness’s relationship to you. Under the RPD Rules this is generally due no later than 10 days before the hearing; if you miss it, the witness may not be allowed to testify.
You choose your interpreter language and dialect when your claim is referred. If you need to change it, notify the RPD in writing well before the hearing (the RPD Rules require at least 10 days before the next proceeding). At the start of the hearing, the member will confirm that you and the interpreter understand each other. If you do not understand the interpreter at any point, say so immediately.
Step 4: Prepare Your Testimony
Most of the hearing is spent answering questions. The member usually asks questions first, then the Minister’s counsel if the Minister is participating, then your own lawyer. Preparing with your lawyer helps you understand what the member is likely to focus on.
- Tell the truth, and only what you know. If you do not know or do not remember, say so. Guessing is more damaging than admitting you are unsure.
- Be specific. Dates, places, names and details make testimony believable. If you cannot remember an exact date, give an approximate time and explain how you remember it.
- Listen to the whole question. Wait for the interpreter to finish, and ask for the question to be repeated if you did not understand.
- Explain inconsistencies. If the member points out a difference between your BOC, your documents and your testimony, give the honest reason.
- Explain any delay. If you did not claim at the first opportunity, or returned to your country, be ready to explain why.
- Talk about the future. Be ready to explain who you fear, why they would still be interested in you, and why you could not live safely elsewhere in your country.
If trauma, a medical condition or other circumstances affect your ability to testify, raise this before the hearing. The IRB can provide procedural accommodations, such as a member of a particular gender, a support person or an in-person hearing. The Chairperson’s Guidelines on gender considerations, on minors and on sexual orientation, gender identity and expression (SOGIESC) also guide how members approach these claims. You can find them through the IRB’s Step 3 page.
Step 5: Get Ready for Hearing Day
According to IRB Step 3 and Step 6, most hearings are virtual and take place on Microsoft Teams. The link is usually sent about five days before the hearing.
| Virtual hearing | In-person hearing |
|---|---|
| Join 15 minutes before the time on your Notice to Appear | Arrive 30 minutes before the time on your Notice to Appear |
| Use a private room, not a public place | If you want an in-person hearing, apply at least 10 working days before |
| Test your camera, microphone and internet in advance | Bring your original identity documents |
| If you need IRB equipment at an IRB office, contact the RPD at least 10 working days before | Bring copies of your documents and your Notice to Appear |
People who may attend include the member, you and adult family members included in your claim, your lawyer, the interpreter, witnesses, the Minister’s counsel and, in some cases, observers. Children do not have to attend unless the RPD asks. Hearings are private to protect you and your family, and they are recorded.
You must be physically in Canada for the hearing and the decision. Do not travel outside Canada while your claim is pending.
If you cannot attend on the scheduled date
An application to change the date or time must be made without delay, and the RPD generally must receive it at least three working days before the hearing, except in a medical or other emergency. Changes are allowed only in exceptional circumstances, and the RPD usually will not move a hearing because a lawyer was hired after the date was set. Unless the RPD has approved the change, you must attend.
If you do not appear, the RPD will schedule a special hearing on abandonment. Unless you give good reasons and evidence, your claim can be declared abandoned, which means it will not be heard, you cannot make another refugee claim, and you will likely have to leave Canada. Keep your address, phone number and email up to date with the IRB and IRCC at all times. If you are worried about your status while waiting, see our guide to maintained status and restoration.
Preparation timeline
From Referral to Decision
Key steps in order.
- 1Referral to the RPD: note which deadline group you are in.
- 2Personal documents: file within 60 or 30 days of referral (new claims) or 10 days before the hearing (older claims).
- 3Notice to Appear: check the date, format and BOC change deadline.
- 4BOC changes, witnesses, interpreter: file on time.
- 5Country evidence: no later than 10 days before the hearing.
- 6Hearing day: join early, testify honestly, ask for clarification.
- 7Decision: oral or written; appeal deadlines start when you receive written reasons.
Can a Claim Be Accepted Without a Hearing?
Sometimes. Under the IRB’s less complex claims procedures, some claims can be accepted after a file review, without a full hearing, where the claimant’s identity is established, the claim is consistent with country information and security screening is complete. If you receive a file review notice, you must return the confirmation form within the stated time. Other less complex claims may be scheduled for a short hearing of about two hours. If the RPD cannot accept the claim on the file, it will schedule a regular hearing.
After the Hearing: Decision and Appeal
The member often gives the decision and reasons orally at the end of the hearing; otherwise you receive a written decision later. According to IRB Step 7, the written Notice of Decision tells you whether you can appeal to the Refugee Appeal Division (RAD) or apply to the Federal Court for judicial review.
- If your claim is accepted, you become a protected person and can generally apply for permanent residence. The Minister also has 15 days to appeal.
- If your claim is refused, you generally have 15 days from receiving the written reasons to file a notice of appeal to the Refugee Appeal Division. Some claimants cannot appeal to the RAD, for example where the RPD found the claim had “no credible basis” or was “manifestly unfounded,” and must instead seek judicial review in the Federal Court.
Deadlines after a refusal are short and cannot be missed. Our guides on what to do if your refugee claim is refused and new evidence at the Refugee Appeal Division explain the options. If your claim was found ineligible to be referred at all, see our article on the one-year rule under Bill C-12.
Common Mistakes to Avoid
| Mistake | Why it matters |
|---|---|
| Missing the new document deadlines | Late documents may not be accepted without permission |
| Differences between the BOC and testimony | The most common basis for negative credibility findings |
| Memorizing a script | Rehearsed answers often sound less credible than natural ones |
| Exaggerating or guessing | One false detail can undermine an otherwise strong claim |
| Untranslated or uncertified documents | The member may give them little or no weight |
| Not updating contact information | Missed notices can lead to an abandonment hearing |
| Paying unlicensed advisers | Only authorized representatives may charge for immigration help |
Only lawyers, Quebec notaries and licensed immigration consultants may charge a fee to represent you. You can check whether someone is an authorized representative on the Government of Canada website.
How a Lawyer Can Help
A refugee hearing is a legal proceeding with strict deadlines and a high burden of proof. A Canada immigration lawyer can review your BOC for gaps and inconsistencies, identify the evidence the member will expect, prepare you for questioning, make legal submissions on the issues in your case and protect your appeal rights if the decision is negative.
Lewis & Associates LLP is a Toronto immigration law firm with extensive experience in refugee and humanitarian law, including claims based on sexual orientation and gender identity. Book a consultation or contact our office to prepare for your hearing.
Frequently Asked Questions
How long does a refugee hearing in Canada take?
According to the IRB, most refugee hearings last less than three hours. Some less complex claims are scheduled for a short hearing of about two hours, and some can be accepted after a file review without a hearing.
Are refugee hearings in Canada virtual?
Most RPD hearings are virtual and take place on Microsoft Teams. You can apply for an in-person hearing at an IRB office, generally at least 10 working days before the hearing.
What changed for refugee hearings in November 2026?
Amended RPD Rules and a new practice notice took effect on November 3, 2026. For claims referred from November 3, 2026 to January 3, 2027, personal documents are due 60 days after referral; for claims referred on or after January 4, 2027, they are due 30 days after referral. Country conditions evidence remains due 10 days before the hearing.
When must I submit documents for my refugee hearing?
It depends on when your claim was referred. Claims referred on or before November 2, 2026 generally file personal documents 10 days before the hearing. Newer claims have deadlines of 60 or 30 days after referral. Country conditions documents are due 10 days before the hearing.
Can I change my Basis of Claim before the hearing?
Yes. Changes must be filed on the RPD form for changes to the BOC. If you receive your Notice to Appear on or before January 3, 2027, changes are generally due 10 days before the hearing; if you receive it on or after January 4, 2027, they are due within 5 days after you receive the notice.
Who will be at my refugee hearing?
The RPD member, you and adult family members in your claim, your lawyer, the interpreter, any witnesses and, in some cases, the Minister’s counsel and observers. Hearings are private and recorded.
What questions are asked at a refugee hearing?
Questions usually focus on your identity, what happened to you, why you fear returning, who you fear, whether your government could protect you, whether you could live safely in another part of your country, and any delay in claiming protection.
What happens if I miss my refugee hearing?
The RPD will schedule a special hearing on abandonment. Unless you give good reasons and evidence, your claim may be declared abandoned, you cannot make another refugee claim and you will likely have to leave Canada.
Can I bring a witness to my refugee hearing?
Yes. You must send the RPD and any other party written information about the witness in advance, generally no later than 10 days before the hearing. Otherwise the witness may not be allowed to testify.
What if my refugee claim is refused?
In most cases you have 15 days from receiving the written reasons to appeal to the Refugee Appeal Division. If you cannot appeal to the RAD, you may be able to apply to the Federal Court for judicial review. Speak with a lawyer immediately.
This article provides general information as of November 2026 and is not legal advice. IRB rules and procedures change. Always follow the deadlines in your own notices and speak with a lawyer about your case.
