Know Your Rights

You have the right to an interpreter at IRB hearings and immigration proceedings if you do not speak or understand English or French. The IRB will provide a qualified interpreter free of charge. If you are not satisfied with the quality of interpretation during your hearing, you have the right to raise concerns with the member. You can also request an interpreter of a specific gender if this is important for your comfort and ability to testify.

You have the right to be represented by legal counsel or an authorized representative at your own expense. This includes lawyers, paralegals (in some provinces), and Regulated Canadian Immigration Consultants (RCICs) authorized by the College of Immigration and Citizenship Consultants (CICC). For refugee claims, you may be eligible for legal aid funding to cover the cost of representation. If you cannot afford a representative, contact Legal Aid Ontario or your provincial legal aid office.

You have the right to see and respond to any evidence that the Minister's counsel or the IRB member uses in deciding your case. This includes country condition documents, intelligence reports, and any other material being relied upon. If new evidence is introduced, you have the right to request time to review and respond to it.

If you are detained by the Canada Border Services Agency (CBSA), you have the right to a detention review before the Immigration Division of the IRB. Your first review must be held within 48 hours of your detention. A second review must be held within 7 days of the first, and subsequent reviews must be held at least every 30 days. At each review, the member must determine whether your continued detention is justified.

In most cases, you have the right to appeal a negative decision. Refugee claimants can typically appeal to the Refugee Appeal Division (RAD) within 15 days of receiving a negative RPD decision. Permanent residents and sponsored family members can appeal certain decisions to the Immigration Appeal Division (IAD). You may also seek judicial review by the Federal Court of Canada in some circumstances.

If you cannot afford legal representation, you may qualify for legal aid. Legal Aid Ontario provides coverage for eligible refugee claimants and some immigration matters. Other provinces have similar programs. Community legal clinics may also provide free immigration law assistance. Organizations such as the Canadian Centre for Victims of Torture and local settlement agencies can help connect you with free or low-cost legal services.