How to prepare for a refugee hearing in Canada
Caleesis TeleshFounder & Principal Lawyer
Your hearing before the Refugee Protection Division (RPD) of the Immigration and Refugee Board is usually your one chance to tell your story to the person deciding your claim. Most hearings are won or lost weeks earlier, in the Basis of Claim form and the evidence filed ahead of time. Here is how the hearing works and how to prepare for it.
Know what the Board is deciding
The member hearing your case decides two things: whether your account is credible, and whether it fits the legal definition of a Convention refugee or a person in need of protection. That means persecution tied to your race, religion, nationality, political opinion, or membership in a particular social group, or a personal risk to your life or of torture in your home country. Sympathy is not the test. The facts have to meet the definition, and your job at the hearing is to show how they do.
Your Basis of Claim form is the foundation
Everything you say at the hearing gets measured against your Basis of Claim (BOC) form. The filing deadlines are strict, and inconsistency between the form and your testimony is the most common way claims fail on credibility. Reread it well before the hearing. If something is wrong, incomplete, or missing, amend it in advance. Correcting it for the first time under questioning does far more damage than a properly filed amendment.
Gather your evidence
Documents that corroborate your story carry real weight. Collect:
- Identity documents: passport, national ID card, birth certificate
- Police reports, medical records, or photographs documenting what happened to you
- Letters or sworn statements from people who witnessed events or know your situation
- Country condition evidence specific to your claim, beyond the Board's own National Documentation Package for your country
The RPD Rules require you to disclose your documents ahead of the hearing, generally at least ten days before, and anything not in English or French needs a translation with a translator's declaration. Evidence filed late can be refused. Start collecting early, because records from abroad take longer to obtain than anyone expects.
Prepare your testimony
You will be questioned in detail about dates, places, and events, usually by the Board member first. Go through your story out loud with your lawyer more than once. Precision matters, but honest uncertainty is fine. If you do not remember a date, say so. Guessing, and then guessing differently the second time you are asked, is what sinks credibility.
What the hearing looks like
Most RPD hearings take about half a day, and many are held by videoconference. In the room, or on the screen, expect:
- The Board member, who decides the claim and asks most of the questions
- Your lawyer, who can question you after the member and make legal submissions
- An interpreter, provided free of charge by the Board if you request one in advance
- Minister's counsel, in the minority of cases where the government intervenes
Listen to each question, answer what was asked, and take your time. Ask for a break if you need one. Members expect claimants to be nervous. They do not expect them to be evasive.
Get counsel early
You are allowed to represent yourself, but the legal definitions, the disclosure rules, and the questioning are hard to manage alone while you are also the witness. A refugee lawyer will build the documentary record, prepare you to testify, and make the argument that ties your facts to the definition. In Ontario, Legal Aid Ontario funds refugee representation for claimants who qualify financially, so do not assume counsel is out of reach.
If your hearing has been scheduled, or you are deciding whether and when to claim under the new rules, contact us and we will tell you where your case stands.
- For newcomers
- Step-by-step guide
- Evidence & documents
This article is general information, not legal advice, and does not create a solicitor-client relationship. It is current as at its publication date and is not revised as the law changes. For advice on your specific situation, book a consultation or call 416-639-0887.
LL.B.B.A., York UniversityMember, Law Society of Ontario
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