The Refugee Protection Division (RPD) is the division of the Immigration and Refugee Board of Canada (IRB) responsible for hearing and deciding refugee protection claims made in Canada. After a claim is referred to the RPD, the claimant must complete a Basis of Claim (BOC) form — the foundational document that explains who the claimant is, their travel history, and why they are seeking protection. The hearing itself is conducted before an RPD member (an adjudicator), who questions the claimant and examines the evidence before making a determination. Most hearings are conducted virtually using Microsoft Teams, with in-person hearings available in certain circumstances. This page explains the BOC form, document disclosure rules, hearing format, interpreter services, and how decisions are delivered.

For current hearing procedures, the BOC form, and claimant guides, refer to the IRB step 6: go to your hearing page and the IRB instructions for refugee claimants page.

• Immigration and Refugee Protection Act (IRPA), ss 96–98 — the refugee protection criteria: Convention refugee (s 96), person in need of protection (s 97), and grounds for exclusion (s 98)
• IRPA, s 100 — referral of a claim to the RPD and the BOC form submission obligation
• Refugee Protection Division Rules (SOR/2012-256) — procedural rules governing the BOC form, document disclosure, hearing conduct, and decisions
• Chairperson Guideline 7: Preparation and Conduct of a Hearing — IRB guideline governing hearing conduct; irb-cisr.gc.ca/Guideline7
• IRB: Applying for refugee protection — step by step — irb-cisr.gc.ca/crp-step-6
• IRB: Important instructions for refugee claimants — irb-cisr.gc.ca/ClaDemGuideInstruct
• IRB: Basis of Claim form — irb-cisr.gc.ca/BOC-form

The Basis of Claim (BOC) form

After a refugee claim is referred to the RPD, the claimant must complete and submit a Basis of Claim (BOC) form. The BOC form asks the claimant to provide:

• Personal information — identity, family members, documents held, and travel history (all countries visited or resided in before arriving in Canada)
• A written narrative explaining why the claimant is seeking protection — the specific events, threats, or persecution that form the basis of the claim

The BOC form deadlines depend on where the claim was made:

• Port of entry claims (claim made at the border or at a point of entry into Canada): the completed BOC form must be submitted to the RPD within 45 calendar days of the date the claim is referred to the RPD
• Inland claims (claim made at an IRCC office inside Canada): the completed BOC form must be submitted within 15 calendar days of referral

The BOC form is the central document at the hearing — the RPD member will ask the claimant to confirm its accuracy and will question the claimant on its contents. Claimants who need to amend the BOC form after submission must make a formal application to the RPD.

Document disclosure — 10-day rule

All documents that a claimant intends to rely on at the hearing must be filed with the RPD and all parties at least 10 calendar days before the hearing date. Key rules:

• The 10-day rule applies to all documentary evidence — identity documents, country condition evidence, medical or psychological reports, letters from witnesses, and any other supporting material
• If responding to a document filed by another party or by the RPD, the time limit is 5 calendar days before the hearing
• Documents filed after the deadline (late disclosure) require a formal application using the Application to Submit Late Disclosure to the RPD form — the RPD has discretion to accept or refuse late evidence
• Documents not disclosed in time may be excluded from the hearing — claimants should not rely on undisclosed documents being accepted at the hearing

Hearing format — virtual and in-person

The claimant receives a Notice to Appear specifying the date, time, and format of their hearing. Current RPD practice:

• Virtual hearings (most common): conducted using Microsoft Teams — the Notice to Appear includes instructions for how to connect; claimants and their counsel participate remotely
• In-person hearings: available in certain circumstances (including where the claimant does not have suitable technology, or where the RPD determines in-person proceedings are required); held at the relevant IRB regional office

Claimants who cannot participate in a virtual hearing — for example, due to lack of access to suitable technology or a private space — should notify the RPD as early as possible to request an in-person hearing.

At the hearing — what happens

RPD hearings follow a standard format:

1. The RPD member introduces everyone present and explains how the hearing will proceed
2. The claimant is asked to make a solemn affirmation to tell the truth
3. The member asks the claimant to confirm that the information in the BOC form is complete, true, and correct
4. The member examines the documents filed and decides which are accepted as evidence
5. The member and counsel ask the claimant questions about the claim — typically based on the BOC narrative, identity documents, and country condition evidence
6. At the close of questioning, the claimant (through counsel, if represented) may have an opportunity to make final submissions

The Minister's representative (CBSA) may also participate in some hearings — particularly where there are concerns about exclusion, inadmissibility, or credibility.

Interpreter services

The RPD provides a free interpreter for claimants who require interpretation. The claimant must:

• Notify the RPD of the language (and dialect, where relevant) required for the hearing when the BOC form is submitted or as early as possible
• Advise the RPD promptly if the interpreter assigned does not speak the correct dialect or if there are other concerns about the interpretation

Claimants who choose to testify in English or French do not require a separate interpreter but should inform the RPD. Claimants who bring their own interpreter instead of the RPD's interpreter are responsible for the quality and accuracy of that interpretation — the RPD's interpreter is the default and preferred option.

Less complex claims — expedited and short hearings

The RPD uses a less complex claims process for claims that do not require a full hearing. Under this process:

• Paper review: for claims from designated countries of origin or where the claim is clearly strong on the written record — a decision may be made on the written record without a hearing
• Expedited hearings: shorter hearings for claims that raise straightforward protection issues — the claimant still testifies but the hearing is focused on specific issues rather than a comprehensive examination

The RPD determines which claims qualify for the less complex process — claimants do not apply for this designation. Claimants selected for the less complex process receive notification from the RPD.

Decision — after the hearing

After the hearing, the RPD member delivers one of the following outcomes:

• Allowed: the claimant is recognized as a Convention refugee or person in need of protection — they are entitled to apply for permanent residence in Canada
• Rejected: the claim is not accepted — the claimant may have the right to appeal to the Refugee Appeal Division (RAD) within 15 days of receiving the written reasons
• Withdrawn or abandoned: the claim is treated as withdrawn if the claimant fails to appear or take required steps

The decision may be delivered orally at the end of the hearing (with written reasons to follow) or reserved and delivered in writing at a later date. For information on the appeal process if a claim is rejected, refer to the RAD appeal process page.

For current hearing procedures, wait times, and the claimant's step-by-step guide, refer to the IRB hearing page and the IRB instructions for refugee claimants.

The BOC form is the most important document in the RPD process — the member's questions at the hearing will be driven by what is (and is not) in the BOC narrative. Claimants should ensure the BOC is accurate, detailed, and consistent with all other evidence before it is submitted; amendments after submission require a formal application and may affect credibility findings. The 10-day document disclosure rule is strictly enforced — claimants should compile and file all supporting documents well in advance of the deadline, not at the deadline. Late-filed documents require an application and are not automatically accepted. Where a claimant is unrepresented, the IRB provides procedural guidance but does not provide legal advice — unrepresented claimants should contact a legal aid clinic or refugee law clinic before the hearing date. For current hearing wait times, the Notice to Appear process, and the BOC form, refer to the IRB hearing page.