The Refugee Protection Division (RPD) hears and decides tens of thousands of refugee claims annually. The RPD schedules proceedings based on operational and legislative requirements and the principles of natural justice, as well as the principles of fairness, efficiency, public safety and program integrity articulated in the Immigration and Refugee Protection Act.
In managing its caseload, the RPD seeks to maximize its hearing schedule and minimize the number of postponements and adjournments so it may conduct cases quickly and fairly.
Refugee claim may not be eligible for referral to the IRB if a person:
- Has been recognized as a Convention refugee by another country to which you can return;
- Has already been granted protected person status in Canada;
- Arrived via the Canada-United States border;
- Is not admissible to Canada on security grounds, or because of criminal activity or human rights violations;
- Made a previous refugee claim that was found to be ineligible for referral to the IRB;
- Made a previous refugee claim that was rejected by the IRB, or
- Abandoned or withdrew a previous refugee claim.
REFUGEE CLAIM HEARINGS
The refugee claim hearing is an important part in the refugee protection process where an RPD decision-maker will decide whether the claim should be accepted or not. Hearings usually take place in private in order to protect the claimant and his/her family. The RPD may take whatever measure is necessary to ensure the confidentiality of the hearing.
Furthermore, hearings are held in English or French (a translator can be requested) and may take place by videoconference, because the RPD decision-maker cannot be in the same city as the claimant. At the hearing, claimant will have to present his/her claim and supply evidence to demonstrate that the telling story is true.
After the hearing an RPD member (also known as a decision-maker) may approve or reject the claim:
- If the claim is approved, the RPD will send a claimant a written Notice of Decision and an explanation of the reasons why the claim was accepted. Meanwhile, IRCC and CBSA will receive copies of the decision as well, as they may wish to appeal a positive decision to the RAD or seek leave and judicial review at the Federal Court.
- If the claim is rejected, the RPD will send claimant a written Notice of Decision and explanation of the reasons why the claim was rejected. Also, the Notice of Decision notifies if a claimant can appeal the decision to the Refugee Appeal Division or file an application for juridical review with The Federal Court.