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Ontario|Immigration LawRefugees 671 Evaluation of applications for refugee status Each application for refugee status is evaluated separately by the Immigration and Refugee Board. The Board considers many important factors when they make a decision about a refugee claim. The only issue that the Immigration & Refugee Board can determine is whether you meet the definition of refugee. After the consideration of your claim, and a complex set of definitions of refugee, they evaluate whether you have any place within your country where you would be safe, and also whether the authorities in your home country can protect you.
If you have been found to be eligible to make a refugee claim, you will be asked to appear at a hearing with the Immigration and Refugee Board. The main purpose of the hearing is for the Board to hear your explanation of what has happened to you, and what would happen if you were to be returned to your home country. Most importantly, you must demonstrate a need for protection because you would not be safe in your home country. You should keep all documents that describe the conditions in your home country. Some examples of useful documents include newspaper reports, reports from human rights groups, or letters from your friends or family that describe the living conditions.
You have the right to have a lawyer attend the hearing with you. Since this hearing is extremely important, it is strongly recommended that you meet with a lawyer and obtain assistance in filling out the Personal Information Form. The lawyer should attend the hearing with you. If you are unable to afford a lawyer, you may qualify for legal aid. You can obtain more information about legal aid on Legal Line or from the Ontario Legal Aid Plan.
You also have the right to choose whether the hearing is conducted in English or French, and you have the right to have a qualified interpreter present at the hearing. The interpreter is appointed by the Immigration & Refugee Board, and there is no charge to you. If there are any problems with the interpretation, tell your lawyer or the Board Members. The hearing is normally private and confidential, however, with your permission a friend or family member can be an observer to the hearing. In most cases, only you, your lawyer and the Immigration Review Board members will be at the hearing.
The Immigration Review Board hearing is a very important part of making a refugee claim. Your lawyer can help you prepare for the hearing and assist you to present your case in the best possible way.
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