RPD hearing process

Topic IRB tribunal procedure 🇨🇦 Verified: 2026-05

Overview

An RPD hearing begins with the Basis of Claim (BOC) form — the claimant's written narrative of why they are seeking protection — which must be filed within the deadlines set after the claim is referred to the RPD. The hearing is conducted by a single RPD member in an inquisitorial style: the member asks most of the questions, the Refugee Protection Officer (if present) asks additional questions, and the claimant's counsel may ask questions and make submissions. Hearings are private. The member typically renders an oral decision at the end of the hearing or, in complex cases, reserves the decision.

Legal basis

IRPA s 100 — referral of a claim to the RPD
IRPA s 170 — RPD proceedings: hearings are private, the RPD may receive any evidence it considers credible and trustworthy
RPD Rules (SOR/2012-256) — Basis of Claim form timing, disclosure deadlines, hearing procedure

How it works

Step 1 — Eligibility and referral

Before the RPD can hear a claim, it must be found eligible. An officer (CBSA or IRCC) determines whether the claim is eligible under s 101 of IRPA. An ineligible claim (e.g., the person was previously found to be a Convention refugee in another country, or was found ineligible after a previous claim in Canada) is not referred to the RPD.

Step 2 — Basis of Claim form

Once referred, the claimant must file a Basis of Claim (BOC) form — a detailed written statement of the facts supporting the claim. The BOC must be filed:

Within 15 days of receiving the referral (for claims made inland)
At the time of the eligibility interview (for claims made at a port of entry)

The BOC is a critical document — it sets out the claimant's allegations and forms the basis for the RPD's questioning at the hearing. Inconsistencies between the BOC and testimony are a major source of negative credibility findings.

Step 3 — Country condition documents

The RPD uses its own country documentation packages (National Documentation Packages — NDPs) to assess country conditions. The NDP for the claimant's country of origin is available on the IRB website. Both the claimant and the RPO may rely on NDP documents or other country condition evidence. The claimant may disclose additional country condition evidence before the hearing.

Step 4 — The hearing

Hearings are held in private at IRB regional offices. The process typically is:

Member confirms identity and oath/affirmation
Member reviews the BOC with the claimant
RPO (if present) questions the claimant on any issues
Member questions the claimant in depth on the basis of claim, credibility, state protection, and internal flight alternative
Counsel may ask redirect questions
Counsel makes final submissions on the law and the evidence
RPO (if present) may make submissions
Member renders an oral decision or reserves

Issues typically examined at hearing

Credibility of the claimant's testimony and documents
Whether the harm feared falls within the five Refugees Convention grounds (s 96) or the s 97 risk categories
Whether adequate state protection is available in the country of origin
Whether an internal flight alternative (IFA) exists — a safe area within the country where the claimant could reasonably relocate
Whether any exclusion ground (Article 1F) applies

After the hearing

If the decision is positive, the claimant receives protected person status and may apply for permanent residence. If negative, the claimant receives reasons (in writing if the decision was reserved) and has the right to appeal to the RAD (unless excluded from RAD access — e.g., designated foreign nationals, claims from Designated Countries of Origin, persons found to have abandoned their claim).