What Happens at a Refugee Protection Division (RPD) Hearing

For most refugee claimants in Canada, the RPD hearing is the single most important day in the entire process — it's where a decision-maker actually hears your account and decides whether you qualify for protection. Walking in without knowing what to expect adds stress to an already difficult moment. This article breaks down who's in the room, how the hearing typically unfolds, and what the decision-maker is weighing.

Who's in the Room

• A member of the Refugee Protection Division — an independent decision-maker at the Immigration and Refugee Board (IRB) who hears the evidence and decides the claim. Most claims are heard by a single member.
• You, the claimant — you'll be asked to testify under oath or affirmation.
• An interpreter, if you need one, arranged by the IRB.
• Your counsel, if you have one — a lawyer or licensed paralegal representing you.
• Minister's counsel, in some cases — a representative of the federal government who may participate where credibility, exclusion, or program-integrity issues have been flagged.

Before the Hearing Starts

By the time you reach a hearing, you should already have filed your Basis of Claim (BOC) narrative and any supporting documents — identity evidence, country-condition evidence, medical or police reports, witness statements, and similar material. The member reviews this in advance, so the hearing is less about introducing your story for the first time and more about testing and clarifying it. If a quick general question comes up beforehand, our Ask a Lawyer page is another way to get plain-language guidance.

How the Hearing Generally Unfolds

1. Opening — the member confirms identity, interpreter needs, and any outstanding preliminary issues.
2. Testimony — you're questioned, typically first by the member and then by your own counsel (and by Minister's counsel, if involved).
3. Documentary evidence — the member may ask about specific documents already on file or raise questions about gaps in the evidence.
4. Submissions — your counsel, and Minister's counsel if present, makes closing arguments on why the claim should succeed or fail.
5. Decision — the member may give a decision orally at the end of the hearing or reserve it and issue written reasons later.

Preparing Your Evidence and Witnesses

Good preparation happens well before the hearing date, not the night before. Things that generally strengthen a case include:

• [ ] A clear, consistent Basis of Claim narrative that matches what you'll say in testimony.
• [ ] Identity documents organized and explained — including why any are missing, if that's your situation.
• [ ] Country-condition evidence connected specifically to your circumstances, not just general background material.
• [ ] Any witnesses identified early, with enough notice for them to be available on the hearing date.
• [ ] A clear understanding, worked through with your counsel, of the questions most likely to come up.

Preparation matters because most hearings turn less on whether you have a compelling story in the abstract and more on whether that story holds together under questioning, on paper and out loud.

What the Member Is Actually Assessing

At its core, the RPD is testing two connected things.

Both matter. A claim can fail even with a sympathetic account if the legal test isn't met on the facts presented, and a claim can fail even where the underlying fear is genuine if credibility problems undermine the account.

If the Claim Succeeds or Fails

A successful claim results in protected person status, a step toward permanent residence — a separate application still has to be made afterward. A refused claim generally, but not always, carries a right of appeal to the Refugee Appeal Division (RAD); some categories of refusal are excluded from that right, which we cover in a separate article.

Frequently asked questions