What is the Refugee Protection Division and how does it decide refugee claims?

The Refugee Protection Division (RPD) is a division of the Immigration and Refugee Board (IRB), an independent federal tribunal. It hears refugee claims made within Canada by people seeking protection as convention refugees or persons in need of protection. This is a federal process — the RPD makes decisions based on federal law and Canada's international obligations, and is independent of Ontario courts.

When you make an inland refugee claim, it is referred to the RPD for a hearing. At the hearing, you explain to an RPD member why you are afraid to return to your home country — typically because of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. You can present evidence, call witnesses, and be represented by a lawyer. The government is not typically an opposing party at the RPD stage.

Decisions are made based on whether you meet the legal definition of a refugee or a person in need of protection. If your claim is refused, you generally have access to the Refugee Appeal Division (RAD) to challenge the decision. Having legal representation at the RPD hearing significantly improves outcomes. Legal Aid Ontario provides representation for eligible claimants in Ontario.