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: March 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
  • Anyone whose refugee claim was refused and who is 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 will make your claim to a Canada Border Services Agency (CBSA) officer. The officer will conduct an eligibility interview to determine whether your claim can be referred to the RPD. This is an administrative examination, not a hearing. The officer will ask about your identity, travel route, and the general basis for your claim. You will be fingerprinted and photographed, and your documents will be examined.

Claiming at an Inland IRCC Office

If you are already in Canada, you can make a refugee claim at an Immigration, Refugees and Citizenship Canada (IRCC) office. You will need to complete an application and attend an eligibility interview with an IRCC officer. The officer will assess whether your claim meets the basic criteria for referral to the RPD. Processing at an inland office may take longer than at a port of entry.

Eligibility Determination

The IRCC or CBSA officer will assess whether your claim is eligible to be referred to the IRB. Your claim may be found ineligible if you have already been recognized as a Convention refugee in another country, if you have made a previous refugee claim in Canada, if you arrived from a designated safe third country, or if you are inadmissible on grounds of security, serious criminality, or organized crime.

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)

Once your claim is found eligible, it will be referred to the Refugee Protection Division (RPD) of the IRB. You will receive a Basis of Claim (BOC) form, which you must complete and submit within 15 days. A hearing date will then be scheduled before an IRB member. This hearing is a completely separate proceeding from the initial interview described above.

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. If your refugee claim is refused, you generally have 15 days to file a RAD appeal. The RAD conducts a paper-based review of the RPD decision and may accept new evidence in limited circumstances. RAD decisions typically take 6 to 12 months.

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.

1

Step 1: Making Your Claim

You make your refugee claim at a port of entry (CBSA) or inland IRCC office. An officer conducts an eligibility interview to determine if your claim can be referred to the RPD. This is an administrative process, not an IRB hearing.

2

Step 2: Eligibility Determination

The CBSA or IRCC officer determines whether your claim is eligible to be referred to the IRB's Refugee Protection Division. If eligible, you receive a Basis of Claim (BOC) form.

3

Step 3: Submitting Your BOC Form

You must submit your completed Basis of Claim form within 15 days of your claim being referred to the RPD. This is a strict deadline. Failure to submit on time can result in your claim being declared abandoned.

4

Step 4: Gathering Evidence & Hearing Preparation

Collect all supporting documents including identity documents, country condition evidence, medical reports, police reports, photographs, and any other evidence that supports your claim. Submit documents to the RPD and the Minister's counsel at least 10 days before your hearing.

5

Step 5: The RPD Hearing

Your hearing will typically be scheduled within 60 days of your BOC submission for port-of-entry claims, or within 45 days for inland claims. This is a quasi-judicial proceeding before an IRB member where you testify under oath about your reasons for seeking protection.

6

Step 6: The Decision

The RPD member may render a decision orally at the hearing or reserve it for written reasons delivered later. If your claim is accepted, you can apply for permanent residence. If refused, you may appeal to the RAD within 15 days.

7

Step 7: After a Negative Decision

If your claim is refused, you have several options: appeal to the RAD (15-day deadline), apply for judicial review at the Federal Court, submit a Pre-Removal Risk Assessment (PRRA), or apply on Humanitarian and Compassionate grounds. Each option has different deadlines and requirements.

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 of an offence in Canada punishable by a maximum sentence of at least 10 years, or conviction outside Canada of an offence that would carry a similar sentence in Canada.

Criminality

Conviction of an offence in Canada by indictment or of two summary conviction offences, or conviction outside Canada of an equivalent offence.

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.

At an admissibility hearing, the burden of proof is on the Minister to establish inadmissibility on a balance of probabilities. However, for foreign nationals (non-permanent residents), the Minister only needs to show reasonable grounds to believe the person is inadmissible for security, human rights violations, serious criminality, or organized crime.

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.

1

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.

2

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.

3

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 and Appellant's Record with the RAD within 15 working days of receiving the RPD's written reasons. This deadline is strictly enforced.

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 may accept new evidence that was not available at the time of the RPD hearing, that is relevant and credible, and that could have affected the RPD's decision. 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 there is new evidence that raises a serious credibility issue.

Processing Time: 6-12 Months

RAD decisions typically take 6 to 12 months. During this time, your removal from Canada is generally stayed (paused), meaning you cannot be deported while the appeal is pending.

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.

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
  • Prepare three copies of your evidence: one for the member, one for the Minister's counsel, and one for yourself
  • Submit all documentary evidence at least 10 days before your hearing date
  • Provide certified translations for any documents not in English or French
  • 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 takes place weeks or months after your initial claim. 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.

1

Before the Hearing

You will receive a Notice to Appear from the IRB with the date, time, and location of your hearing. 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.

2

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.

3

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.

4

Testimony and Questioning

In RPD hearings, the IRB member typically leads the questioning, followed by your counsel and then the Minister's counsel (if present). You will be asked detailed questions about the events described in your Basis of Claim form. Answer questions directly, honestly, and without elaborating beyond what is asked.

5

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.

6

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 form or 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)
  • Basis of Claim 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
  • Certified translations of all documents not in English or French
  • A list of witnesses, if applicable, with their contact information
  • An index or table of contents for your evidence package
  • Three copies of all documents: one for the member, one for the Minister's counsel, and one for yourself

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, professional representation from a licensed RCIC-IRB can significantly improve your chances. Contact us for expert guidance.

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