Immigration Hearing Preparation Checklist

Identify the Type of Proceeding

The Immigration and Refugee Board of Canada includes different divisions. Each division has its own responsibilities, procedures, rules, and guidance.

The IRB includes:

• Refugee Protection Division
• Refugee Appeal Division
• Immigration Division
• Immigration Appeal Division

Not every immigration or refugee matter involves an oral hearing. Identify which division is handling your matter and follow the specific notice, procedural guide, rules, correspondence, and directions that apply to your case.

Read the Notice and Tribunal Directions

Read every document received from the tribunal carefully. Keep the notice and related correspondence together so important information is readily available.

Confirm:

• The hearing date and time
• The applicable time zone
• Whether the proceeding is virtual, in person, by telephone, or in writing
• Videoconference or telephone joining instructions
• The tribunal file number
• Evidence and document requirements
• Interpretation arrangements
• Any case-specific directions

Review Your Forms and Previous Statements

Carefully review the information previously provided in connection with the matter. This can help you remember relevant events and identify issues that may require clarification.

Review documents such as:

• Application or claim forms
• The Basis of Claim form, where applicable
• Interview notes or prior statements
• Written submissions
• Documents already filed
• Correspondence from IRCC, CBSA, or the IRB
• Previous decisions where relevant

Differences or inconsistencies between statements and documents may become important. Discuss them honestly with your representative. Do not alter facts, invent explanations, or prepare false answers.

Organize Supporting Evidence

Organize potentially relevant evidence in a clear and logical manner. Use descriptive file names and keep an index where there are many documents.

Depending on the proceeding, evidence may include:

• Identity and travel documents
• Immigration documents
• Relevant correspondence
• Photographs
• Police, medical, employment, or education records where relevant
• Country-condition evidence for refugee matters
• Proof of relationships or family circumstances
• Records supporting important dates and events
• Translations and translator declarations where required

Evidence must comply with the applicable rules and case-specific filing requirements. Do not assume that one submission deadline applies to every division or proceeding. Follow your notice, tribunal correspondence, and representative’s instructions.

Prepare a Clear Timeline

A chronological timeline can help organize a complicated history and identify important documents associated with each event.

The timeline may include:

• Important dates
• Travel and residence history
• Applications and decisions
• Significant incidents
• Communications with authorities
• Family or relationship events
• Detention or release events where relevant

Distinguish information you personally know from information learned from another person. If a date is uncertain, identify it as an estimate rather than presenting it as confirmed.

Prepare for Questions and Testimony

Depending on the proceeding, questions may be asked by the tribunal member, your representative, Minister’s counsel where participating, or another party or representative where applicable.

When answering questions:

• Listen carefully to the entire question
• Answer the question that was asked
• Speak truthfully
• Say when you do not remember something
• Ask for clarification if a question is unclear
• Do not guess
• Correct misunderstandings promptly
• Remain respectful throughout the proceeding

Witness Preparation

Witness requirements vary according to the division and type of proceeding. Any witness should receive clear instructions about their role and attendance.

A witness should:

• Understand when and how to attend
• Know the subject of their evidence
• Review relevant documents
• Speak from personal knowledge
• Remain available until excused
• Avoid discussing testimony with other witnesses where directed

Witnesses should not be encouraged to change facts or provide evidence about matters outside their personal knowledge.

Interpretation and Accessibility Needs

Notify the tribunal or your representative promptly if you require:

• An interpreter
• An accessibility accommodation
• Assistance related to the hearing format
• Another procedural accommodation

Follow the instructions in your tribunal correspondence. Requirements and arrangements may vary by proceeding, and advance notice may be necessary.

Preparing for a Virtual Hearing

Test your equipment and organize the hearing environment in advance. Technical preparation can reduce interruptions and help you focus on the proceeding.

On the Day of the Hearing

• Arrive or connect early
• Bring identification and required documents
• Dress and behave professionally
• Follow the tribunal member’s directions
• Keep personal notes brief and organized
• Do not record the proceeding unless expressly permitted
• Tell the member or your representative immediately about technical problems

Keep your hearing notice, file number, documents, and representative’s contact information readily available.

After the Hearing

A decision may be given orally at the proceeding or provided later in writing. In some circumstances, further documents or procedural steps may be requested.

Review any decision and accompanying instructions carefully. Legal deadlines for an appeal, review, or another response may be short and depend on the type of decision and applicable procedure.

When Professional Assistance May Help

Professional assistance may be helpful with:

• Understanding the applicable division and procedure
• Reviewing forms and prior statements
• Identifying potentially relevant evidence
• Preparing documents and witnesses
• Addressing inconsistencies
• Preparing for questioning
• Responding to tribunal directions
• Representation at an eligible proceeding
• Reviewing a decision and possible next steps

How Insaf Legal Can Help

Depending on the matter and professional scope, Insaf Legal may assist with:

• Reviewing the matter and tribunal documents
• Explaining the applicable hearing process
• Organizing evidence
• Preparing clients and witnesses
• Reviewing forms and previous statements
• Preparing submissions
• Representation in eligible Immigration and Refugee Board matters
• Explaining decisions and possible next steps

Immigration and refugee proceedings depend on the applicable law, evidence, tribunal division, and individual circumstances. No status, approval, release, protection, or other result can be guaranteed.