Bright Tomorrows Immigration Services

IRB Hearing Preparation Guide

Appearing before the Immigration and Refugee Board (IRB) can be one of the most important moments in your immigration journey. Whether you are facing a refugee hearing, an admissibility hearing, a detention review, or an immigration appeal, proper preparation is essential. This comprehensive guide covers every stage of the process and will help you prepare effectively.

Last updated: November 2026

Who Is This Guide For?

  • Refugee claimants preparing for an RPD hearing
  • Individuals facing admissibility hearings before the Immigration Division
  • People in immigration detention awaiting a detention review
  • Permanent residents or sponsors appealing a decision to the IAD
  • Refugee claimants whose claim was refused and who are considering a RAD appeal
  • Representatives and support persons accompanying someone to a hearing

Making Your Initial Refugee Claim

Before your case reaches the IRB, you must first make your refugee claim and go through an initial eligibility determination. This is an administrative process handled by IRCC or CBSA, not a hearing before the IRB.

Claiming at a Port of Entry (CBSA)

If you arrive at a Canadian airport, land border crossing or seaport and wish to claim refugee protection, you make your claim to a Canada Border Services Agency (CBSA) officer. The officer interviews you about your background and decides whether your claim is eligible. This is an administrative examination, not a hearing. The officer seizes your original travel documents (you receive certified copies), fingerprints everyone aged 14 and older and photographs each family member. If your claim is eligible, you receive a conditional removal order, a Refugee Protection Identity Document and a Notice of Application Due Date with instructions to complete your claim online in the IRCC portal within 60 days.

Claiming at an Inland IRCC Office

If you are already in Canada, you start your claim online in the IRCC portal: once you start, you have 90 days to submit part 1 of the application, or you must start over. IRCC then invites you to an in-person interview at an IRCC office, where you officially make your claim and an officer decides whether it is eligible. If it is, you are invited to complete part 2 of the application in the IRCC portal and you receive a Notice of Application Due Date.

Eligibility Determination

The IRCC or CBSA officer decides whether your claim is eligible to be referred to the IRB. A claim is ineligible if, for example: you are already a Convention refugee in another country you can return to; you made a previous claim in Canada, or in a country Canada shares immigration information with; you are inadmissible for security, human or international rights violations, serious criminality or organized criminality; you came from the United States at a land border (or claimed, or started a claim online, less than 14 days after crossing between ports of entry) and no Safe Third Country Agreement exception applies; or, under Bill C-12 (in force for claims made on or after June 3, 2025), you entered Canada after June 24, 2020 and claimed more than one year after entering, or claimed 14 or more days after crossing the Canada–US land border between ports of entry. People found ineligible may still have access to a Pre-Removal Risk Assessment (PRRA).

Documents You Should Have Ready

  • Your passport or travel document (if available)
  • Any identity documents (national ID card, birth certificate, driver's licence)
  • Photographs that support your claim
  • Any evidence of persecution (police reports, medical records, threatening letters)
  • Contact information for any legal representative in Canada
  • Proof of how you arrived in Canada (tickets, boarding passes)

Under the process in place since November 3, 2026, being found eligible does not mean your claim goes to the IRB right away. You have 60 days from your Notice of Application Due Date to submit your complete application in the IRCC portal, including your Basis of Claim (BOC) information and the required documents; you can ask once, in the portal and before the due date, for an automatic 30-day extension. IRCC or the CBSA then checks that the application is complete and carries out screening, which can take up to 365 days, before referring your claim to the Refugee Protection Division (RPD) and sending you a Confirmation of Referral. If you miss a due date, a request for information or an appointment, your claim can be sent to the RPD for pre-referral abandonment; if it is declared abandoned, your removal order comes into force and you cannot make another refugee claim. Claims referred before November 3, 2026 used the earlier BOC form: inland claimants gave it to the officer by the eligibility decision, and port-of-entry claimants had to send it to the RPD within 45 calendar days after referral.

What Is the Immigration and Refugee Board?

The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal responsible for making decisions on immigration and refugee matters. It is the largest independent administrative tribunal in Canada, deciding thousands of cases each year across its four specialized divisions.

The IRB Has Four Divisions

Refugee Protection Division (RPD)

Decides claims for refugee protection made by people in Canada. If you have made a refugee claim, your hearing will be before the RPD. The RPD determines whether you qualify as a Convention refugee or a person in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA).

Refugee Appeal Division (RAD)

Hears appeals from decisions of the RPD. You must file a notice of appeal within 15 days of receiving the RPD's written reasons, and your appellant's record within 45 days. Some claimants cannot appeal to the RAD (for example, claims found to have no credible basis or to be manifestly unfounded). The RAD usually decides on the written record and may accept new evidence in limited circumstances. The IRB reported an average RAD wait of about 4 months in 2025.

Immigration Division (ID)

Conducts admissibility hearings and detention reviews. If you are detained by CBSA or have been reported as inadmissible to Canada due to criminal activity, security concerns, misrepresentation, or other grounds, your case will be heard by the ID.

Immigration Appeal Division (IAD)

Hears appeals on sponsorship refusals, removal orders against permanent residents, and residency obligation decisions. The IAD can consider humanitarian and compassionate factors when deciding appeals.

The Refugee Claims Process Overview

The refugee claims process involves multiple stages, from your initial claim through to a final decision. Understanding the full process helps you prepare and meet all critical deadlines.

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Step 1: Making Your Claim

You make your claim to a CBSA officer at a port of entry or, if you are already in Canada, start it online in the IRCC portal (part 1 within 90 days of starting) and then attend an in-person interview at an IRCC office. This is an administrative process, not an IRB hearing.

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Step 2: Eligibility Determination

The CBSA or IRCC officer decides whether your claim is eligible to be referred to the IRB's Refugee Protection Division (RPD). If it is, you receive a Notice of Application Due Date telling you when your complete application is due; at a port of entry you also receive a conditional removal order and a Refugee Protection Identity Document.

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Step 3: Completing Your Application and BOC Information

Since November 3, 2026, you give your Basis of Claim (BOC) information by answering the RPD's questions in your refugee claim application in the IRCC portal. You have 60 days from the Notice of Application Due Date, with one automatic 30-day extension if you ask in the portal before the due date. Missing a deadline can send your claim to the RPD for pre-referral abandonment. If your claim was referred before November 3, 2026, the earlier BOC form rules applied (port-of-entry claimants: within 45 calendar days after referral).

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Step 4: Referral, Evidence & Hearing Preparation

Once your application is complete and screening is done (IRCC or the CBSA has up to 365 days), your claim is referred to the RPD and you receive a Confirmation of Referral; send evidence to the RPD only after that. Personal documents (identity documents, police and medical reports, letters, photographs) are due 30 days after referral; for claims referred from November 3, 2026 to January 3, 2027, the RPD automatically extends this to 60 days, and for claims referred before November 3, 2026 they are due 10 days before the hearing. Country condition evidence is due at least 10 days before the hearing (up to 100 pages per country without permission). If the Minister intervenes, send the Minister a copy of everything you send to the RPD.

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Step 5: The RPD Hearing

The RPD sends you a Notice to Appear with the date of your hearing. Changes or additions to your BOC information must generally reach the RPD no later than 5 days after you receive the Notice to Appear; for claims referred on or before November 2, 2026, changes are due 10 days before the hearing if the Notice to Appear is received on or before January 3, 2027. Waits are long: the IRB reported an average of about 24 months from referral to decision at the end of 2025. The hearing is a quasi-judicial proceeding before an IRB member where you testify under oath about your reasons for seeking protection.

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Step 6: The Decision

The RPD member may give a decision orally at the hearing or reserve it and send written reasons later. If your claim is accepted, you can apply for permanent residence. If it is refused and you are eligible to appeal, you have 15 days after receiving the written reasons to file a notice of appeal with the RAD.

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Step 7: After a Negative Decision

If your claim is refused, the usual next step is an appeal to the RAD, if you are eligible. Judicial review in the Federal Court is generally of the RAD decision (or of the RPD decision if you cannot appeal to the RAD). A Pre-Removal Risk Assessment (PRRA) and a humanitarian and compassionate (H&C) application are each generally barred for 12 months after a final negative decision, with some exceptions. Each option has its own deadlines and conditions, so get advice quickly.

Admissibility Hearings

An admissibility hearing takes place before the Immigration Division when CBSA alleges that a person is inadmissible to Canada. The following grounds can lead to an admissibility hearing:

Security Grounds

Involvement in espionage, subversion, terrorism, or being a member of an organization engaged in these activities.

Human or International Rights Violations

Involvement in war crimes, crimes against humanity, or being a senior official of a government engaged in gross human rights violations.

Serious Criminality

Conviction in Canada of an offence punishable by a maximum of at least 10 years, or for which a prison term of more than six months was imposed; a conviction outside Canada for an equivalent offence; or committing such an act outside Canada.

Criminality

Applies to foreign nationals: conviction in Canada of an indictable offence or of two summary conviction offences, or an equivalent conviction or act outside Canada.

Misrepresentation

Providing false information or withholding material facts in an immigration application. This carries a 5-year ban from applying to come to Canada.

Non-Compliance

Failure to comply with conditions of entry or stay, or failure to appear for proceedings.

Other grounds include organized criminality, financial reasons and an inadmissible family member. For security, human or international rights violations and organized criminality, the law (IRPA s. 33) requires only "reasonable grounds to believe" the facts, for permanent residents and foreign nationals alike. Criminality grounds generally rest on a conviction. The rules on who must prove what differ by situation, so get advice early.

Detention Reviews

If you are detained by CBSA, the Immigration Division must review your detention according to a strict schedule. Understanding your rights during detention is critical.

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First Review: Within 48 Hours

Your first detention review must be held within 48 hours of your detention. The member will consider whether there are grounds to continue your detention or whether you should be released.

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Second Review: Within 7 Days

A second review must be held within 7 days of the first review. At each review, the member must be satisfied that detention is still justified.

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Subsequent Reviews: Every 30 Days

After the second review, subsequent reviews must be held at least every 30 days for as long as you remain detained. At each review, the burden is on the Minister to justify continued detention.

The member considers several factors when deciding whether to continue detention or release you: flight risk, danger to the public, the person's identity, the availability of alternatives to detention (such as a bondsperson or reporting conditions), and the length of time already spent in detention.

You have the right to counsel at your detention review. You can also present evidence supporting your release, including letters from a proposed bondsperson, a plan for where you will live, and evidence of community ties.

Refugee Appeal Division (RAD) Appeals

If your RPD claim is refused, the RAD provides an important avenue for appeal. Understanding the RAD process and timelines is essential.

Filing Deadline: 15 Days

You must file your notice of appeal with the RAD within 15 days after the day you receive the RPD's written reasons, and file your appellant's record (perfect the appeal) within 45 days of that day (the regulations say 30 days; a RAD practice notice in force since September 28, 2020 allows 45). The RAD can extend these time limits for reasons of fairness and natural justice.

Grounds for Appeal

Your appeal must identify errors of law, errors of fact, or mixed errors of law and fact in the RPD decision. Simply disagreeing with the decision is not enough.

New Evidence

The RAD accepts new evidence only if it arose after the RPD rejected your claim, was not reasonably available, or could not reasonably have been presented at the time of the rejection (IRPA 110(4)). The bar for admitting new evidence is high.

Oral Hearings at the RAD

RAD appeals are generally decided on paper without an oral hearing. However, the RAD may hold an oral hearing if new documentary evidence raises a serious issue about your credibility, is central to the decision and, if accepted, would justify allowing or rejecting the claim (IRPA 110(6)).

Processing Time: About 4 Months

The IRB reported an average RAD wait of about 4 months in 2025. If you file and perfect a RAD appeal on time, your conditional removal order does not come into force while the appeal is pending; if the RAD rejects it, the order comes into force 15 days after the RAD gives notice.

Possible Outcomes

The RAD can confirm the RPD decision (uphold the refusal), set aside the RPD decision and substitute its own determination (grant refugee protection), or refer the matter back to the RPD for a new hearing.

Evidence Preparation Guidance

Strong evidence is the foundation of a successful IRB case. Here is how to gather, organize, and present your evidence effectively.

Identity Documents

Your passport, national ID card, birth certificate, and any other identity documents. If you do not have original documents, explain why and provide whatever alternative evidence you can, such as expired documents, photocopies, or statutory declarations.

Country Condition Evidence

Reports from reputable sources about conditions in your country of origin. This includes reports from UNHCR, Amnesty International, Human Rights Watch, the U.S. State Department, and the National Documentation Packages prepared by the IRB's Research Directorate. Check the latest National Documentation Package for your country and do not resend documents already in it; you can send up to 100 pages of other country condition evidence per country without permission, at least 10 days before the hearing.

Personal Evidence

Police reports, medical records, photographs of injuries, threatening letters or messages, court documents, arrest warrants, and any other documents that directly support your story.

Expert Reports

Reports from qualified experts in relevant fields such as psychology (for trauma assessments), medicine (for documentation of injuries or torture), or country conditions (from academics or researchers specializing in your country).

Witness Statements

Written statements from people who have knowledge of your situation. Witnesses can include family members, friends, community leaders, or anyone who can corroborate your account. Witness statements should be signed and include the witness's contact information.

Supporting Letters

Letters from organizations, community groups, employers, or religious leaders that can speak to your character, your involvement in the community, or the conditions in your country.

Evidence Organization Tips

  • Organize all evidence chronologically and use numbered tabs or dividers for easy reference
  • File your evidence by email or through the IRB's My Case portal; one copy is enough when filing electronically
  • Meet the deadline that applies to your claim: personal documents generally within 30 days after referral (60 days for claims referred from November 3, 2026 to January 3, 2027; 10 days before the hearing for claims referred earlier), and country condition evidence at least 10 days before the hearing
  • Provide translations for any documents not in English or French, done by a human translator with a signed declaration (not machine translation)
  • Create an index or table of contents listing all documents in your evidence package
  • Highlight or flag the most important passages in lengthy documents
  • Be prepared to explain the relevance and authenticity of each piece of evidence at your hearing

What to Expect at Your RPD Hearing

The RPD hearing is a quasi-judicial proceeding that usually takes place many months after your claim is referred. It is completely separate from the initial IRCC/CBSA interview. Understanding what happens at the hearing helps reduce anxiety and allows you to prepare more effectively.

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Before the Hearing

You will receive a Notice to Appear from the IRB with the date, time and location of your hearing (or instructions to join a virtual hearing). Note the deadline for any changes to your Basis of Claim. Review all your documents and evidence carefully. If you have a representative, meet with them to review your case. Confirm your interpreter and their language or dialect.

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Arriving at the IRB Hearing Room

Arrive at least 30 minutes early at the IRB office. You will need to pass through security and find your hearing room. Bring all original documents, identification, and any evidence you plan to present. Hearings may be conducted in person or by videoconference.

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Opening of the Hearing

The IRB member (decision-maker) will introduce themselves, identify everyone present, and explain the procedure. You will be placed under oath or affirmation to tell the truth. The interpreter will also be sworn in.

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Testimony and Questioning

In most RPD hearings, the IRB member asks questions first, followed by your counsel. If the Minister is a party, the Minister's counsel usually questions you before your counsel (and first, if the Minister is arguing that you should be excluded). You will be asked detailed questions about the events described in your Basis of Claim (BOC) information or BOC form. Answer directly and honestly.

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Closing Submissions

After testimony, your representative may make closing submissions summarizing the key evidence and legal arguments in your favour. The Minister's counsel may also make submissions.

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After the Hearing

The IRB member may give a decision orally at the end of the hearing, or they may reserve their decision and send it to you in writing later. RPD decisions are typically rendered within a few weeks of the hearing. You will receive written reasons for the decision.

How to Prepare Your Testimony

  • Review your Basis of Claim information (or BOC form) and the rest of your application thoroughly before the hearing
  • Be prepared to explain any inconsistencies between your written statements and oral testimony
  • Practice telling your story in a clear, chronological order
  • Focus on specific events, dates, and details rather than general statements
  • Be honest at all times, even if the truth is uncomfortable or seems unfavourable
  • If you do not remember something, say so rather than guessing
  • Listen carefully to each question and answer only what is asked
  • Speak clearly and at a moderate pace, especially if using an interpreter
  • If a question is unclear, ask the member to rephrase it before answering
  • Do not memorize a script; speak naturally and from your own experience

Document Preparation Checklist

Ensure you have the following documents prepared and organized before your hearing:

  • Valid identification (passport, national ID card, or travel documents)
  • A copy of your Basis of Claim information or BOC form (for refugee hearings) or relevant application forms
  • All supporting evidence, organized chronologically with tabs or labels
  • Country condition evidence from reputable sources (UNHCR, Amnesty International, Human Rights Watch)
  • IRB National Documentation Package for your country of origin
  • Any medical or psychological reports that support your claim
  • Letters of support from community members, employers, or organizations
  • Photographs, news articles, or other documentary evidence
  • Translations of all documents not in English or French, with a signed declaration from a human translator
  • A list of witnesses, if applicable, with their contact information
  • An index or table of contents for your evidence package
  • A copy of your evidence package for your own reference at the hearing

Appearance and Conduct at Your Hearing

What to Wear

  • Dress neatly and professionally, as you would for a job interview
  • Avoid clothing with offensive graphics or slogans
  • Remove hats or sunglasses (religious head coverings are permitted)
  • Ensure your appearance is clean and well-groomed

How to Conduct Yourself

  • Address the member as 'Member' or by their appropriate title
  • Stand when the member enters and leaves the room
  • Do not interrupt the member or other speakers
  • Turn off your cell phone before entering the hearing room
  • Remain calm even if questions feel challenging or repetitive
  • Ask for clarification if you do not understand a question
  • If you need a break, politely ask the member
  • Do not argue with the member or the Minister's counsel
  • Maintain respectful eye contact when speaking to the member

Official IRB Resources

For the most up-to-date information, consult these official resources:

IRB Official Website

Official information about IRB processes, forms, and decisions

UNHCR Canada

United Nations refugee agency resources for Canada

Legal Aid Ontario

Legal aid services for eligible individuals in Ontario

IRB Practice Notices and Guidelines

Current practice notices, chairperson guidelines, and procedural guidance

IRB National Documentation Packages

Country-specific research packages used by the RPD in refugee hearings

Federal Court of Canada

Information about judicial review of IRB decisions

Need Professional Representation?

IRB hearings are high-stakes proceedings where the outcome can change your life. Whether you are facing a refugee hearing, admissibility hearing, detention review or appeal, a licensed RCIC-IRB can help you prepare your evidence, meet your deadlines and present your case clearly. Contact us for guidance.

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