A hearing before the Refugee Protection Division, or RPD, is where a claim for refugee protection in Canada is decided. This guide walks through what happens before the hearing, who is in the room, and the order events usually follow.
It is written for someone who has made a refugee claim and is waiting for, or preparing for, that hearing. It does not cover what happens after a claim is refused; that is a separate guide.
Every case is different, and a hearing can turn on details specific to one person's story. This guide explains the general process. It is not a substitute for advice about your own claim.
What is the deadline for the Basis of Claim form?
The Basis of Claim form has to reach the Refugee Protection Division within 45 calendar days after a port-of-entry referral, under the RPD's current practice notice. The Regulations set 15 calendar days for this, but the practice notice extends it to 45 because of the volume of new claims.
The form itself is where a claimant sets out, in writing, the events and fear that led them to seek protection. The time limit is fixed, and it runs regardless of how complicated the story is or whether documents or translations are still being gathered.
Missing the deadline
A claimant can ask the RPD for more time before the deadline passes, using its application form and giving reasons. The request has to reach the RPD no later than 3 working days before the 45-day limit expires, not on the last day.
A claimant who does not meet the Basis of Claim deadline is required to attend a special hearing to explain the delay. The Division can decide the explanation is not reasonable, and a claim can be declared abandoned as a result.
This makes the form one of the first and most consequential steps in the whole process, well before any hearing date is set.
Getting a hearing date
Once a claim is ready to be heard, the RPD sends a Notice to Appear. It gives the date, time and place of the hearing and explains how to join it. If the claimant has counsel, the notice goes to the counsel, who passes it on.
The gap between filing the Basis of Claim form and receiving that notice varies from case to case. A claimant who moves during this period needs to update their address with the Division, because a notice sent to an old address does not extend the hearing timeline.
Many hearings now take place online, through Microsoft Teams, rather than in an IRB office. The link to join arrives a few days before the hearing, and the claimant is expected to join from a private space, not a public place such as a library.
Who is in the room at an RPD hearing?
RPD hearings are held in private, to protect the claimant and their family. The room is not open to the public the way a criminal trial might be.
The claim is decided by a single RPD member, who weighs what the claimant says at the hearing together with the other evidence. A Minister's counsel, from IRCC or the Canada Border Services Agency, may also take part in some cases, along with an interpreter when the claimant needs one.
A claimant's own counsel, if they have one, sits with them throughout and also asks questions. A support person can sometimes attend as well, though this is requested from the Division in advance rather than assumed on the day. Witnesses usually wait outside until it is their turn to speak.
How a hearing runs
Most hearings last less than 3 hours, usually with a short break in the middle, and the claimant can ask for a break at any time. The hearing is recorded.
The sequence below describes the general order of events. It is not a fixed script, and a member can depart from it depending on how the hearing unfolds.
Introduction
The member introduces everyone, explains the process and asks the claimant to promise to tell the truth. The member confirms the Basis of Claim form is complete and correct, and names the issues the hearing will focus on.
Evidence
The member goes through the documents sent in and decides which ones are accepted as evidence.
Questions
The member asks the claimant about the claim. The claimant's counsel asks questions too, and so may a Minister's counsel if one is taking part.
Witnesses
Any witness usually speaks after the claimant and waits outside the hearing until called.
Final remarks
Counsel explains why the claim should be accepted. A claimant without counsel does this themselves. A Minister's counsel may also make remarks.
Decision
The member decides whether the claim is accepted or rejected. The decision may be given at the end of the hearing or sent later in writing.
The short version
- The Basis of Claim form has a fixed deadline that runs from the referral to the RPD, not from when the claimant feels ready.
- Missing that deadline leads to a special hearing, and an unaccepted explanation can end a claim through abandonment.
- The Notice to Appear gives the date, time and place of the hearing, and goes to counsel if the claimant has one.
- Hearings are private, decided by a single RPD member, and most last less than 3 hours; many are held online through Microsoft Teams.
- A hearing generally follows the same order: opening, questioning, submissions, then a decision given orally or in writing.
- Keeping the Division, IRCC and the CBSA informed of current contact details matters throughout, since a missed hearing because of an old address can lead to an abandonment hearing.
Every figure on this page is cited to the government source it was read from, and was checked on September 19, 2026. Rules change, and a source is the authority where this page and the source disagree. This guide is general information about how the process works, not immigration advice about your own situation, and reading it creates no consultant-client relationship.