Do All Claimants Have a Hearing?

The IRB-RPD handles some refugee claims more quickly than others. The IRB-RPD may review your claim quickly if:

  • most claims like yours or from your country are usually approved,
  • it is easy to find out your identity, 
  • the evidence about risk is clear, 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.

They will send you a notice that your claim is in the File Review Process (FRP).

If your claim is put in the FRP, IRB-RPD will ask you or your legal representative to send them the rest of your evidence within 15 days. You must also sign a confirmation form and return it with your evidence.

After the IRB-RPD gets your form:

  • They may decide your claim without needing a hearing. You or your legal representative will get a Notice of Decision saying your claim is accepted.

OR

  • They may offer you a short hearing if they decide that your refugee claim:
    • has only one or two important issues to discuss, and 
    • can be decided in a hearing that is under two hours.

Claims that can have a short hearing

The IRB-RPD will choose your claim for a short hearing when most claims like yours or from your country: 

  • are accepted, 
  • are NOT accepted, 
  • usually only have one or two issues to discuss, or
  • do not have complicated legal issues or facts.

The IRB-RPD 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.sdgds

Claims that cannot have a short hearing 

You will have a regular refugee hearing if:

  • CBSA does not have your security details yet
  • A Minister’s Counsel wants to be at your hearing
  • The IRB-RPD:
    • has told the Minister there might be a serious issue with your claim 
    • is not sure of who you are
    • does not trust what is in your documents
  • Your claim does not match information about your country
  • The Member decides there are complicated issues or facts