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Do All Claimants Have a Hearing?

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The IRB-RPD decides some refugee claims without a hearing, or with only a short hearing. This is called the Less Complex Claims process. The IRB-RPD may identify you for this process if:

  • claims like yours or from your country are usually approved,
  • it is easy to find out your identity, 
  • the evidence about your risk is clear and straightforward, and 
  • it is unlikely that any complicated issue will come up.

The IRB-RPD may decide that:

  • a hearing is not needed to approve your refugee claim, or
  • only a short hearing is needed to decide your claim.

Claims decided without a hearing

If the IRB-RPD thinks your claim can be decided without a hearing they will send you a notice that your claim is in the File Review Process (FRP). In this notice, the IRB-RPD will ask you or your representative to send in any other evidence you have. You must also sign a confirmation form and return it with your evidence.

After the IRB-RPD gets your form they will review your case. They will either:

  • Accept your claim without a hearing. You or your legal representative will get a Notice of Decision saying your claim is accepted, or
  • Decide a hearing or short hearing is needed to make a decision on your claim. You will receive a letter with details about your hearing.

Claims that can have a short hearing

A typical hearing lasts 3-4 hours, while a short hearing lasts only 1-2 hours. The IRB-RPD may offer you a short hearing if:

  • most claims from your country are either accepted or NOT accepted (meaning they have either very high or very low acceptance rates),
  • your claim has only one or two important issues to discuss, and
  • there are no complicated issues in your claim.  

If the IRB-RPD thinks your claim can be decided with a short hearing they will send you a special Notice to Appear. If you think your hearing needs more than two hours, ask for a longer hearing right away and explain why. If the IRB-RPD agrees, they will give you a longer hearing on the same day, or on a later date.

Claims that cannot have a short hearing 

Your claim will not be able to be decided with a short hearing if:

  • A Minister’s Counsel wants to intervene to oppose your claim at your hearing
  • The IRB-RPD has told the Minister there might be a serious issue with your claim.