Refugee Hearing Preparation: A Guide for Refugee claimants
Are you waiting for your Refugee Hearing?
This information booklet provides information and suggestions that can
help you prepare
well for your hearing day.
Here are three important guidelines to
keep in mind as you begin:
1. Start now!
It is natural to want to avoid thinking
about your hearing, especially if doing so
makes you feel anxious. However, if you
do not begin planning for your hearing
now, you are likely to experience greater
stress later. Preparing well takes time,
energy, and persistence, but it can make
the difference between a positive and
negative decision on your claim.
By
starting early, you ensure yourself the
greatest chance for success!!
3. Take responsibility for
your own claim!
Legal Aid does not always
provide you a lawyer for your
hearing. Even so, you will not
know either way until a few
months before your hearing.
This means that YOU must
take responsibility for the
success of your case. YOU
must
be
proactive
in
collecting
evidence
that
shows your story is true and
that
you
genuinely
need
Canada’s protection.
2. Find help from a lawyer!
If you have the means, hire
your own lawyer and begin
meeting together now to discuss
what kind of evidence you will
need to gather.
Settlement
agencies can provide you with a
list of lawyers.
Prepared by Salsbury Community Society (Kinbrace), March 2010
This is not a legal document and does not replace professional legal advice
Gathering and Submitting Evidence
Legal Issues to Consider
Preparing for the Hearing Day
In the Hearing Room
Definitions and Contacts
#1B ● Your Preparation Timeline
PIF
filed
in
28
days
Several months after
filing your PIF: You will
receive a Screening Form
from the IRB summarizing
the main issues to be
discussed at your hearing
and
providing
specific
instructions as to what
documents
you
must
obtain.
1-4
months
before
your
hearing: You will
receive a letter
from
the
IRB
containing
your
hearing date and
time. You must
reply to confirm
your attendance.
At least 20 days
before
your
hearing: Submit to
the IRB copies of all
evidence,
with
translations,
and
the
names/details
of any witnesses
who will participate
at your hearing.
Your refugee hearing
6-18 months waiting period: Begin
immediately
gathering
necessary
identity documents and evidence to
support your claim. If you are able,
hire a lawyer to help.
Read the
Screening Form carefully to see what
issues you will be asked about at your
hearing. Prepare to answer questions
on these issues and gather evidence to
support your answers.
Apply for a legal aid lawyer 10
months after you submit your PIF
or as soon as you receive notice of
your hearing date. If denied, hire
your own lawyer! If you cannot do so,
continue preparing and gathering
evidence on your own. Ensure that
all evidence is translated into English
or French and submitted before the
20 day deadline!!
Acknowledgements
Salsbury Community Society (Kinbrace) is grateful to the following agencies and individuals who
have contributed to the development, translation, and printing of this guide:
the United Nations High Commissioner for Refugees (UNHCR),
Settlement Orientation Services (SOS),
the Mennonite Central Committee British Columbia (MCC BC),
the Vancouver Airport Chaplaincy,
and members of the Refugee Lawyers Group.
.
#2A ● Gathering and Submitting Evidence
A. Gathering Evidence
Begin gathering evidence to support your claim as soon as possible. If you have a
lawyer, stay in regular contact and seek advice about what pieces of evidence are most
important for you claim. In general, you will need two kinds of evidence:
1. Evidence Specific To Your Claim:
This type of evidence demonstrates that the risk you face is personal and
particular to you, and is not a risk faced generally by people in your country.
For example: Photographs, letters, police reports
Report from a doctor or hospital records
Psychological report from a psychologist
News articles about people connected to your case
Testimonies from witnesses or people in situations similar to yours
You will also need identity documents to prove your citizenship and to support your account of
your experiences. (School transcripts, membership cards, proof of employment, and so on.)
Your PIF is another important piece of evidence specific to your claim. Re-read your PIF now
to make sure that all the information is correct and all the important details of your story are
mentioned. If you find a mistake, make the necessary correction and submit it in writing to the IRB
as soon as possible.
2. Evidence Of Human Rights Conditions In Your Country:
This type of evidence includes reports from well-respected and objective sources which document
human rights abuses, statistics, and other country facts that relate to an aspect of your claim.
For example: reports from human rights organizations, media releases, news articles
The National Documentation Packages (NDP), located in the IRB
Documentation Centre, are a good place to start your research. The
decision maker at your hearing already has access to documents inside
the NDP, so you do not need to bring them to your hearing. However, if
you find a specific article that supports your case, it is a good idea to
copy it, highlight the relevant sections, and submit it to the IRB anyway.
Location: The IRB Documentation Centre, 17th Floor,
300 W. Georgia St., Vancouver
Hours:
Monday – Friday, 10:00am – 2:00pm
Portions of the National Documentation Packages are also available online and in various
languages at: http://www2.irb-cisr.gc.ca/en/research/ndp/index_e.htm.
Gathering and Submitting Evidence
Legal Issues to Consider
Preparing for the Hearing Day
In the Hearing Room
Definitions and Contacts
#2B ● Gathering and Submitting Evidence
B. Submitting Evidence
All documentary evidence must be translated into English or French and submitted to the IRB AT
LEAST 20 days before your scheduled hearing date! It is your responsibility to meet this
deadline.
You may begin submitting evidence as soon as it becomes available to you. Do not
leave it until the last minute!
IF YOU MISS THE 20 DAY DEADLINE, you should still file the
evidence. However, at the hearing, the Member may ask you to
explain why you filed the evidence late, and may not accept it.
Keep in mind that if you cannot obtain an important document, you
should submit proof of the steps you took to try to obtain it. For
example, even if you do not think that the hospital in your country of
origin will provide you with your medical records, you should write the
hospital requesting the documents anyway. Submit copies of this letter
to the IRB.
You must submit 2 photocopies of all your documents, including travel and identity documents.
If the IRB informs you that Minster’s counsel (a representative from CBSA) will be present at
your hearing, you must provide 3 copies. Also, remember to make an extra copy for your own
records. Bring the original documents to your hearing.
Your evidence should be formatted as follows:



table of contents
all pages numbered
single-sided letter-sized paper (8.5” X 11” )
Each translation must be accompanied by a translator’s declaration which includes:



the translator’s name
the original language of the document
a statement signed by the translator confirming that the translation is accurate.
Remember, if you have a lawyer, stay in regular contact! Submit your evidence to him or
her as soon as you obtain it. This way, your lawyer can begin preparing all your documents as
early as possible.
#3A ● Legal Issues to Consider
In order to have your refugee claim accepted in Canada, you must demonstrate
that you meet the legal definition of either “Convention refugee” (section 96)
or “person in need of protection” (section 97) as defined in the Immigration
and Refugee Protection Act of Canada (IRPA).
This means that you must demonstrate that if you return to your country of
origin, you are likely to face either:
serious risk of persecution based on
your race, religion, nationality,
political opinion, or membership in a
particular social group*...
or
Convention refugee
section 96 of the IRPA
danger of torture, risk to your life,
or risk of cruel and unusual
treatment or punishment...
Person in need of protection
section 97 of the IRPA
and
that you face this risk in all regions of your country
and
that your own country cannot protect you.
*Note: persecution for “membership in a particular social group” may be interpreted widely and includes persecution based on gender, sexual
orientation, disability, family group, etc.
To prove that your situation meets the above criteria, you will need to provide
the IRB with documentary evidence confirming your:
1. Identity: What documents
can you provide that prove you
are who you say you are?
Start now to obtain identity
documents that confirm aspects of
your identity that are important to
your claim (e.g. passport, national
identity cards, birth certificates,
membership cards from your
religious,
political,
vocational,
social, or ethnic organization, etc.)
If you cannot obtain these
documents, you may have to
explain why at your hearing.
Legal Issues to Consider
Preparing for the Hearing Day
In the Hearing Room
Definitions and Contacts
2. Credibility:
and
What
documents can you provide to
prove that your story is true?
Start now to obtain documents
that confirm that the events
mentioned in your PIF really
happened (e.g. country reports
showing similar human rights
abuses, medical/hospital records
or
receipts,
police
reports,
photographs
showing
injuries,
testimonies from witnesses, letter
of diagnosis from your doctor or
psychologist,
etc.)
#3B ● Legal Issues to Consider
You will also need to address one or more of the following issues:
3. State Protection: The IRB assumes that your country can protect you unless you can
convince them otherwise! If you sought protection from
authorities in your country, you must provide documentary
evidence.
If you did not, you must explain why and
demonstrate that it would have been unreasonable for you to
do so. Finally, the more “democratic” Canada perceives your
country’s legal/political system to be, the stronger your
evidence must be in showing that your state cannot protect
you.
What documents can you provide to demonstrate that your
own state cannot protect you? (e.g. country reports showing
lack of protection and/or corruption, denunciations made by
you to the police, sworn testimonies from people who are in a
situation similar to yours and whom the authorities have not
protected, etc.)
4. Internal Flight Alternative (IFA): If the IRB believes you could live safely in
another region of your country, your claim will not be
accepted.
Thus, you must provide evidence that
demonstrates:
1. you cannot live safely in another region of your country
(especially in one of the larger cities)
or
2. it would be unreasonable for you to try to live in a
different region (given your age, gender, or particular
circumstance.)
What documents can you obtain that demonstrate one or both of the above? (e.g. documents
showing that you changed locations within your country but were still targeted, news articles
confirming that your perpetrators operate in all regions of the country, human rights reports
confirming that people in your circumstance are discriminated against in other regions of the
country, etc.)
#3C ● Legal Issues to Consider
5. Subjective Fear:
You must show that your fear of persecution is genuine. If you
sought protection right away, for example, that often suggests that you had a genuine fear.
Here are some of the questions the IRB asks when they consider whether or not your fear is
genuine. If your answer to any of the following is “yes,” you will likely be asked to explain
the reasons. Take time now to prepare your explanations, so that you will not be surprised
by these questions at your hearing.
a. Did you return to your country of persecution after you left? If yes,
explain.
(Legal issue: Re-availment)
b. Did you pass through another safe country on your way to Canada
but did not make a refugee claim there? If yes, explain.
(Legal issue: Failure to claim elsewhere)
c.
After you experienced persecution in your country, did you stay in
your country even though you had the opportunity to leave sooner?
If yes, explain.
(Legal issue: Delay in departure)
d. Did you wait for a while before making a refugee claim after you
arrived in Canada? If yes, explain.
(Legal issue: Delay in claiming)
Finally, the IRB may question you about a variety of other legal issues specific
to your claim. The “Screening Form” lets you know in advance what some of
these issues will be:
Screening Form
Several months after you file your PIF, you will receive a package in the
mail containing a Screening Form as well as a list of documents
related to your claim.
Read the Screening Form carefully! It summarizes the main points of
your claim and identifies some of the issues you will be asked about at
your
hearing.
The
section
entitled
“Instructions
to
counsel/claimant” identifies specific documents you must obtain
and submit before your hearing (in addition to those you are already
gathering).
Legal Issues to Consider
Preparing for the Hearing Day
In the Hearing Room
Definitions and Contacts
#3D ● Legal Issues to Consider
Legal Representation
If you received the help of a legal aid lawyer
through Legal Services Society (LSS) for the
preparation of your PIF, do not assume that the
same lawyer will represent you at your hearing.
Remember that you must re-apply to obtain a
lawyer to represent you at your hearing. You
may re-apply at your local legal aid office 10
months after you submit your PIF or as soon
as you receive your hearing date, whichever
comes first.
For best results, include with your application the name of a specific lawyer with whom
you would like to work and who has agreed to take on your case. (Remember that you
must first contact the lawyer to obtain his or her permission!) It is a good idea to ask the
same lawyer who helped you with your PIF because he or she is already familiar with your case.
Also, let legal aid know if you need a lawyer who has expertise in a particular focus (e.g. sexual
orientation, violence against women, a particular country, etc.)
You can apply for a lawyer by phone at 604-408-2172 (Lower Mainland) or 1-866-577-2525
(toll free, outside the Lower Mainland). You may also apply in person through your local legal
aid office:
Vancouver
Surrey
Legal Services Society
Vancouver Regional Centre
Suite 425 – 510 Burrard Street
Vancouver, BC
Legal Services Society
Surrey Regional Centre
Suite 1370, Central City Tower One
13450 – 102nd Avenue, Surrey BC
Phone: 604-601-6206
Phone: 604-585-6595
Remember that legal aid may deny your application for a lawyer if they believe your
case is not strong enough or if your income is too high.
If denied, you are best advised to hire your own lawyer. If you know that paying for a lawyer
will be difficult for you, plan ahead! Begin setting aside a small amount of your earnings each
month. Even if you are not able to save the full amount of legal fees in advance, you may be
able to negotiate a plan with your lawyer to pay in small amounts over several months.
Finally, if you cannot obtain a lawyer, continue preparing on your own as best you can!
#4A ● Preparing for the Hearing Day
Staying healthy as you await your hearing:
You will likely wait one to two years for your refugee hearing. For many people, this waiting
period can be difficult, stressful, and frustrating. It is important to develop practices in your life
here in Canada that can help you stay as healthy and balanced as possible as you await the
outcome of your claim. Suggestions include:
 Establish stable supportive relationships with two or three people
you know you can trust to be there for you throughout your
refugee claim process.
 Stay physically active: walk, run, cycle, play sports or use the
fitness room at a community centre
 Eat well: make sure your body is getting full and balanced nutrients
 Try to get enough sleep by avoiding caffeine and other stimulants
 Become involved in a faith community (church, mosque, temple,
etc.)
 Ask a settlement worker about how to make more connections in
the community
 Join a yoga class
 Listen to music
 Make music with people!
 Dance
 Meditate
 Pray
 Breathe deeply
 Spend time in nature
 Take time to play and have fun!
 Take time to laugh
 Set a small goal for yourself and accomplish it
 Attend a READY (RPD orientation) tour!
Preparing for the Hearing Day
In the Hearing Room
Definitions and Contacts
#4B ● Preparing for the Hearing Day
Preparation Checklist
When you receive notice of your hearing date:

Apply to legal aid (Legal Services Society) for a lawyer to represent you at your hearing if
you do not already have one.

Continue to gather necessary evidence and prepare translations for your hearing.

If you have a lawyer, maintain regular communication with him or her in the months and weeks
leading up to your hearing.

Sign and submit the “confirmation of readiness” form to the IRB (found in the same package
as your “notice to appear”).

Re-read your PIF and ensure that all the information is correct and complete. Check for errors
or missing details. Also, if new incidents have occurred since submitting your PIF, you will need
to add them! Write to the IRB immediately to inform them of the necessary changes or
additions.

In the weeks before your hearing, the IRB will send you an “exhibits list” which lists all the
documents that will be used at your hearing as evidence. Read through the exhibits list and
ensure that you have a copy of all documents that will be used at your hearing.

Submit 2 copies of all your evidence (3 copies if Minister’s counsel will be present), translated
into French or English, to the IRB (at least 20 days before your hearing date).

Make an extra copy of all your submitted documents for your own
record.

If you are bringing a witness to your hearing who will testify, submit
the witness’ name and contact information to the IRB (at least
20 days before your hearing date). Ensure also that your witness
knows the time, date, and location of your hearing.

Arrange for childcare: if you have young children who are included
in your refugee claim, you will need to bring them with you to your hearing so that they may be
identified, but they will not remain inside the hearing room. Thus, you will need to bring someone
with you to your hearing who can look after them outside the hearing room while your hearing is
in session.

If you are employed, notify your employer that you will miss work on the day of the hearing.

If you want to bring a friend or family member to observe your hearing, advise him or her of the
time, date, and location.
#5A ● In the Hearing Room
Frequently Asked Questions:
Where will my hearing take place? At the Immigration and Refugee Board,
Library Square, 18th Floor, 300 W. Georgia Street, Vancouver BC.
What should I wear? There is no specific dress code. On your hearing day, wear
clothing that lets you feel comfortable, calm, and presentable. Clothing should be clean
and neat, but it does not necessarily have to be fancy. Your clothing should allow you
to feel like yourself, while demonstrating that you recognize the importance of this day.
When should I arrive? Plan to arrive at the IRB at least 30 minutes early!
What if I feel overwhelmed or start to cry? If you start to feel overwhelmed at any time
during the hearing, you are welcome to take the steps you need to in order to regain your calm.
These may include:



pausing to take 3 or 4 deep breaths before continuing to speak.
asking for water
requesting a short break.
Remember, this is YOUR day. You are the most important person inside the hearing room, and you
are encouraged to do whatever you need to do to remain as relaxed and calm as possible.
What if I believe the interpreter made a mistake? Address the problem immediately. Tell
the decision maker directly that you believe the interpreter made a mistake. Repeat your original
words or repeat the same idea using different words until you are satisfied with the translation. If you
are still not satisfied with the translation, tell the decision maker.
Who is at my refugee hearing?
Presiding Member
(Makes the decision)
Tribunal
Officer
Interpreter
(Present if needed.
Role is neutral.)
(Present if needed.
Questions the
claimant. Role is
neutral: neither for nor
against.)
Claimant’s
Counsel
Minister’s
Counsel
Refugee
Claimant
(Present only if hired
by the claimant or
legal aid. Advocates
for the claimant.)
(Present only at selected
cases: Representative
from CBSA. Role is to
advocate against the
claimant)
Observers: You may invite a friend or family member.
A representative of the UNHCR may also observe your hearing.
She observes selected hearings to monitor the refugee process.
Witnesses: Witnesses who testify at your hearing stay outside the hearing room until they are called to
speak. They may also testify by telephone. If the call is long distance, bring along a calling card.
In the Hearing Room
Definitions and Contacts
#5B ● In the Hearing Room
Confidentiality: All refugee hearings are confidential. This means that all
persons present in the hearing room swear an oath to keeping all matters
related to your claim confidential.
All interpreters are paid professionals and are also bound by an oath of
confidentiality.
Recording:
Microphones in the hearing room record your hearing to
ensure your safety. If you receive a negative decision and believe the
decision maker has made a mistake, you may apply to the Federal Court for
a review of the decision and request a copy of the recording of your hearing
from the IRB.
Order of Proceedings:
1.
Introductions, administrative details, and swearing of oath
2.
Questioning: Questions asked in the hearing room will focus on the issues previously
identified on the Screening Form that you received. Normally, you will be asked
questions by the following people in this order:
a. The Tribunal Officer (if present)
b. Minister’s Counsel (if present)
c. The Presiding Member
d. Counsel (if present)
3.
Observations and Submissions: The tribunal officer and counsel (if present)
summarize the relevant evidence that has been presented. If you have counsel, he
or she may have the last word by presenting “submissions,” or a final argument in
your favour, taking into account all the issues addressed at your hearing.
4.
Decision: The decision maker may make a decision orally at the end of the hearing,
or she may take more time. If she takes more time, you will receive the written
decision in the mail.
If the decision is positive, you will
receive an application for permanent
residence in the mail. You must apply
within 6 months.
If the decision is negative, you have
15 days to submit an application to the
Federal Court for judicial review of the
decision. If you wish to do this, consult
a lawyer immediately.
#6A ● Definitions and Contacts
IRB - RPD:
Immigration and Refugee Board - Refugee Protection Division
CIC:
Citizenship and Immigration Canada
CBSA:
CanadaFurther
Border Services
Agency
Information:
UNHCR:
United Nations High Commissioner for Refugees
PIF:
Personal Information Form
IFA:
Internal Flight Alternative
IRPA:
Immigration and Refugee Protection Act
Abandoning a claim: Failing to do all things required for the IRB to make a decision about your
claim (for example, if you fail to provide your PIF on time, fail to appear at a hearing, or fail to
communicate with the IRB when you are asked to do so). Failing to do any of these things may lead
the IRB to conclude that you do not wish to continue with your claim. If the IRB determines that your
claim has been abandoned, you lose the right to have your claim decided.
Convention refugee: A person who meets the definition of “refugee” in the 1951 United Nations
Convention Relating to the Status of Refugees. In general, it is someone who has left his or her home
country and has a well-founded fear of persecution based on his or her race, religion, nationality,
political opinion, or membership in a particular social group, and is unable or, by reason of that fear,
unwilling to seek the protection of his or her home country.
Designated representative: A person who is responsible for explaining the refugee process to
children under the age of 18 (or to adults who are unable to understand the proceedings) and for
protecting their interest in the process. This person is usually a parent, but can be another family
member, a friend or a social services worker.
Excluded person: A person who cannot be considered a Convention refugee or a person in need of
protection. This includes people who have committed a serious, non-political crime outside Canada, a
crime against peace, a war crime, or a crime against humanity. It also includes people who are guilty
of acts that are contrary to the purposes and principles of the United Nations, or who have taken up
residence in a country where they have rights and obligations that are similar to those of a citizen o
that country.
Person in need of protection: A person in Canada who would face a danger of torture, a risk to
his or her life, or a risk of cruel and unusual treatment or punishment if he or she were returned to his
or her home country.
Withdrawal: A claimant’s decision not to continue with his or her claim. To withdraw a claim, a
claimant must inform the IRB of this decision.
Definitions and Contacts
#6B ● Definitions and Contacts
Three different government agencies are involved in your refugee claim
process. Each has its own role and contact information. You must
advise each agency separately if you have a change of address.
Citizenship and Immigration Canada (CIC)
Role in your claim process: Processes your application to begin a refugee claim (from within Canada) and decides
if you are eligible to make a claim. If you are eligible, passes your claim information to the IRB-RPD.
Additional responsibilities: CIC also processes your work permit application and your interim federal health
insurance.
Contact information:
1148 Hornby Street, Vancouver BC, V6Z 2C3
CIC Call Centre: 1-888-242-2100
Immigration and Refugee Board –
Refugee Protection Division (IRB-RPD)
Role in your claim process: Receives and processes your Personal Information Form (PIF). Administers your
refugee hearing. Decides whether your refugee claim is accepted or rejected.
Contact information:
Library Square, 16th Floor
300 W. Georgia St.
Vancouver BC, V6B 6C9
Telephone: 604-666-5946
Fax: 604-666-3043
Website: http://www.irb-isr.gc.ca
(IRB Documentation Centre: 17th Floor)
Canada Border Services Agency (CBSA)
Role in your claim process: processes your application to begin a refugee claim (at a border, seaport, or
airport) and decides if you are eligible to make a claim. If you are eligible, passes your refugee claim information
to the IRB-RPD.
Additional responsibilities: Controls Canada’s borders and decides who can enter Canada and who must leave.
If you receive a negative decision on your refugee claim, CBSA arranges your removal from Canada.
Also, CBSA has the right to detain you if they cannot confirm your identity, if they believe you may be a danger to
Canadian society, or if they believe you are not going to comply with one of Canada’s immigration laws. (If you
are detained, you have the right to a lawyer immediately and a hearing will be held within two days to discuss
your release.)
Contact information:
7th Floor, Library Tower, 300 W. Georgia St., Vancouver BC
Further Information
For further information on the refugee claim process and resources available to refugee
claimants, consult the following:

“Your Guide to the Refugee Claim Process” Legal Services Society (LSS) www.lss.bc.ca


Vancouver Refugee Services Alliance www.vrsa.ca
“Information Kit for Refugee Claimants” distributed by the Canadian Red Cross, First Contact program
(If you do not already have this kit, ask a settlement worker for one!)