Know Your Rights
As someone navigating Canada's immigration system, you have fundamental rights protected by Canadian law and the Canadian Charter of Rights and Freedoms. Understanding these rights empowers you to advocate for yourself and ensures you are treated fairly throughout the process.
Last updated: October 2026
Right to an Interpreter
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.
Request your preferred language and dialect well in advance of your hearing date.
Right to Counsel
You have the right to be represented by counsel or an authorized representative at your own expense. Authorized representatives include lawyers, paralegals who are members of a provincial law society, Quebec notaries and Regulated Canadian Immigration Consultants (RCICs) licensed 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.
Only hire representatives who are licensed and in good standing. Unregistered consultants (ghost consultants) can harm your case and are breaking the law.
Right to See Evidence Against You
You generally have the right to see and respond to the evidence used in deciding your case, including country condition documents and other material being relied upon. In rare cases involving national security, the Minister can ask the IRB not to disclose certain information. If new evidence is introduced, you can ask for time to review and respond to it.
If the government has evidence against you, they are generally required to disclose it before your hearing.
Detention Review Rights
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.
You have the right to counsel at your detention review and can present evidence for your release.
Right to Appeal
Many negative decisions can be appealed. Most refugee claimants can appeal to the Refugee Appeal Division (RAD) by filing a notice of appeal within 15 days of receiving the RPD's written reasons; some claimants cannot appeal to the RAD. Permanent residents and sponsors 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.
Appeal deadlines are strict. If you miss the deadline, you may lose your right to appeal entirely.
Legal Aid Options
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.
Apply for legal aid as soon as possible. Processing your application takes time, and you do not want delays to affect your case.
Your Rights During CBSA Interactions
The Canada Border Services Agency (CBSA) enforces immigration and customs laws. Knowing your rights when interacting with CBSA officers can protect you.
At a Port of Entry
CBSA officers have broad powers to examine you and your belongings when you enter Canada. You must answer questions truthfully and present your documents. However, you have the right to make a refugee claim and cannot be turned away without having your claim assessed for eligibility.
During an Inland Encounter
If CBSA officers approach you in Canada, you can ask who they are and why you are being questioned. Answer truthfully, and you should be prepared to identify yourself and show your immigration documents if asked. If you are unsure of your rights, ask to speak to a lawyer.
During an Interview or Examination
You have the right to remain silent on matters that could incriminate you in criminal proceedings. However, under immigration law you are generally required to answer questions truthfully. You have the right to request an interpreter and the right to contact a lawyer.
If You Are Arrested or Detained
You must be informed of the reasons for your arrest or detention. You have the right to retain and instruct a lawyer without delay. You have the right to a detention review before the IRB within 48 hours.
Your Charter Rights
The Canadian Charter of Rights and Freedoms applies to everyone in Canada, regardless of their immigration status. Key Charter rights relevant to immigration proceedings include:
- Section 7: The right to life, liberty, and security of the person. This means you cannot be deported to a country where you face a substantial risk of torture, death, or cruel treatment.
- Section 10(a): The right to be informed promptly of the reasons for your arrest or detention.
- Section 10(b): The right to retain and instruct counsel without delay and to be informed of that right.
- Section 12: The right not to be subjected to cruel and unusual treatment or punishment, which applies to immigration detention conditions.
- Section 14: The right to an interpreter in any proceedings where you do not understand or speak the language used.
- Section 15: Equality rights and protection from discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.
Detailed Appeal Rights
Understanding which appeal options are available to you is critical for protecting your rights after a negative decision.
RAD Appeal (Refugee Claims)
If your RPD refugee claim is refused, you can generally appeal to the Refugee Appeal Division: file a notice of appeal within 15 days of receiving the written reasons, and your appellant's record within 45 days. The RAD can confirm the decision, set it aside and substitute its own, or send the claim back for a new hearing.
IAD Appeal (Sponsorship & Removal Orders)
The Immigration Appeal Division hears appeals from permanent residents facing removal orders, sponsors whose applications were refused, and permanent residents who have not met their residency obligation. The IAD can consider humanitarian and compassionate factors.
Federal Court Judicial Review
For most IRB decisions, you can apply for leave and judicial review at the Federal Court of Canada. The deadline is generally 15 days from receiving the decision for IRB matters. The Court reviews whether the decision was reasonable and whether the decision-maker followed proper procedures.
Pre-Removal Risk Assessment (PRRA)
If you face removal from Canada, you may be eligible for a PRRA, which assesses whether you would face persecution, torture, cruel treatment or a risk to life if returned. A PRRA is generally not available for 12 months after a refugee claim is finally rejected, withdrawn or abandoned, unless an exemption applies.
Need Help Protecting Your Rights?
If you believe your rights have been violated or you need guidance navigating the immigration system, contact us for professional assistance from a licensed RCIC-IRB consultant.
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