The Refugee Protection Division (RPD) is the first-level decision-maker for refugee protection claims in Canada. It hears and decides claims from people who are in Canada and claim to be Convention refugees under s 96 IRPA (persecution based on a Convention ground) or persons in need of protection under s 97 IRPA (risk of torture, cruel treatment, or risk to life). The RPD is a division of the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal.

The RPD operates under the Refugee Protection Division Rules (SOR/2012-256), which govern procedural requirements including Basis of Claim forms, evidence disclosure, hearing notice, and postponement requests. The IRB processes up to 85,000 refugee claims per year as at 2025–2026.

The RPD's jurisdiction, powers, and procedure are established by IRPA ss 96–104 and the Refugee Protection Division Rules. The RPD member hearing a claim is a Governor-in-Council appointed decision-maker with powers to summon witnesses, require production of documents, and take notice of facts. RPD decisions are subject to appeal to the Refugee Appeal Division (RAD) and, on questions of law, to judicial review in the Federal Court.

Step 1 — Referral: After making a claim at a port of entry or inland office, a claimant is referred to the RPD. The referring officer sets the referral date, which triggers the Basis of Claim (BOC) deadline.

Step 2 — Basis of Claim form: The claimant must submit a completed BOC form to the RPD within 15 calendar days of referral (or at the port of entry if the claim is made there). The BOC is the claimant's written narrative explaining why they fear persecution or are in need of protection, the countries involved, and the facts supporting the claim. Failure to file the BOC on time is grounds for declaring the claim abandoned.

Step 3 — Hearing scheduling: The RPD sends the claimant a Notice to Appear setting out the date, time, and hearing format. The RPD targets specific timelines for hearing different claim types — claims from designated countries of origin and manifestly unfounded claims are scheduled more quickly.

Step 4 — Evidence disclosure: Documents the claimant intends to rely upon must be provided to the RPD no later than 10 days before the hearing date. Late document submissions require the RPD member's leave.

Step 5 — Hearing formats: RPD hearings default to virtual format (video conference using the claimant's own device or IRB-provided equipment at an IRB office). In-person hearings are available on application where the claimant establishes a valid reason. Most hearings last less than 3 hours.

Step 6 — Less complex claims: The RPD has a streaming process for less complex claims. Eligible claims may be heard through a short-hearing process (approximately 15 minutes) or a file-review process (no hearing, decided on documents only). Claims are eligible for streaming if the country conditions are well-established and the facts are straightforward.

Step 7 — Decision: The RPD member may grant or reject the claim. A positive decision grants the claimant protected person status in Canada. A negative decision may be appealed to the RAD within 15 days (or 30 days for some claim types).

Claimants have the right to be represented by counsel at RPD hearings — counsel may be a lawyer, paralegal, or authorised representative. Legal aid is available in most provinces for refugee claimants, though eligibility and coverage vary by province.

The Minister of Public Safety (through CBSA) may intervene in an RPD hearing to make submissions, particularly in cases involving criminality, security concerns, or where the Minister believes the claim should be rejected. Minister's counsel will be present in some hearings.

Claimants whose claims are rejected by the RPD must be given reasons. Where the rejection is based on credibility, the member must specifically identify what evidence was rejected and why. Unreasoned credibility findings are a common basis for successful judicial review applications.

For more information, refer to the IRB refugee claims guidance.