Refugee hearings, appeals and judicial review: a lawyer in Brampton

A refugee claim is not a form you file and wait on. It is decided at a hearing, on your testimony and evidence, and the outcome can decide whether you can stay in Canada. A lawyer is worth having at every stage, and especially when:

• You are preparing your Basis of Claim form and getting ready for the Refugee Protection Division (RPD) hearing
• Your Basis of Claim form is late, or you have been called to an abandonment hearing
• The RPD refused your claim and you need to appeal to the Refugee Appeal Division (RAD) within 15 days
• Your claim was found ineligible, for example under the one-year rule, and you need to know about a pre-removal risk assessment (PRRA)
• The RAD refused your appeal, or you have no RAD appeal, and you need Federal Court judicial review
• You face removal, or you have been detained
• You have strong ties to Canada and a humanitarian and compassionate application may be an option

Manny Hundal is a Barrister & Solicitor, called to the Ontario Bar in 2013. His practice is focused on immigration law. Refugee protection is litigation work, and he acts from the first form to the Federal Court. You can give your account at your own pace.

• Eligibility. He reviews whether your claim is likely to be referred to the Board under the 2026 rules, before you file.
• The Basis of Claim form. He prepares it with you, in English, Punjabi or Hindi, and with an interpreter for other languages, so that it is complete and consistent.
• Evidence. He gathers identity, personal and country condition evidence, and prepares written submissions.
• The RPD hearing. He prepares you for the questions the member is likely to ask, examines you and any witnesses, and makes legal submissions at the end.
• RAD appeals. He files the notice of appeal and the appeal record within the deadlines, and asks for new evidence or a hearing where the law allows.
• PRRA and judicial review. He prepares PRRA applications and represents you at the Federal Court, where only a lawyer can represent you, except in rare cases the court allows. See Federal Court judicial review.
• Detention. If you are detained, see detention reviews.

Everything you tell your lawyer is privileged and confidential. No lawyer can promise the outcome of a refugee claim.

• Basis of Claim form, claims made at a port of entry: under the RPD’s Practice Notice on Procedural Issues (in force since September 9, 2024), the completed BOC is due within 45 calendar days after the claim is referred to the RPD. A request for more time must reach the RPD no later than 3 working days before the due date.
• Basis of Claim form, claims made inside Canada: the completed BOC is provided to IRCC with the claim or before referral. If you claim online, it is uploaded with your claim.
• Late BOC: without an extension, you must attend a special hearing to explain why your claim should not be treated as abandoned.
• RAD appeal: the notice of appeal is due within 15 days after you receive the RPD’s written reasons. The Regulations set 30 days to file your full appeal (perfect the appeal), but an IRB practice notice still in force extends this to 45 days after you receive the written reasons.
• Judicial review of an RPD or RAD decision: the leave application must be filed within 15 days (IRPA section 72).
• PRRA: generally not available until 12 months after your last negative decision, unless an exemption applies.

The wait for a hearing date varies. Ask Manny about current wait times at your consultation.

This page is for people in Canada who fear returning to their country of nationality, or the country where they last lived if they have no nationality, and for family members in Peel helping them.

Canada protects two groups. Convention refugees have a well-founded fear of persecution because of race, religion, nationality, political opinion or membership in a particular social group. Persons in need of protection would face a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if returned.

You can claim at a port of entry or from inside Canada, usually online through the IRCC Portal. An officer decides whether the claim is eligible to be referred to the Immigration and Refugee Board. A claim is not eligible if, among other things, you have protection in another country you can return to, you made a previous claim in Canada that was refused, withdrawn or abandoned, or you are inadmissible on serious grounds.

New rules in 2026. The Strengthening Canada’s Immigration System and Borders Act received royal assent on March 26, 2026. For claims made on or after June 3, 2025:

Unaccompanied minors are exempt under a temporary public policy. If your claim is ineligible, you may still be able to apply for a PRRA. New regulations proposed in the Canada Gazette, Part I, on June 20, 2026 are, as of October 2026, proposals and not law.

A member of the RPD hears your claim, often by video, with an interpreter at no cost to you. The member will ask about your identity, what happened, why you cannot get protection at home and why you cannot safely live elsewhere in your country. Since the 2026 law changes, the Board says claims that would have gone to file review are scheduled for an expedited hearing instead, until further notice.

Most claimants refused by the RPD can appeal to the RAD. Some cannot, for example those whose claims were found to have no credible basis or to be manifestly unfounded, whose claims were withdrawn or abandoned, or who claimed at the US land border under an exception to the Safe Third Country Agreement. If the RAD is not available, or it also refuses, you can ask the Federal Court for judicial review. A PRRA assesses the risk you would face if removed, and in most cases needs a 12-month wait after your last negative decision.

You do not need every document before you start. Tell your lawyer what you have and what you can get safely.

Waiting to claim. The one-year rule makes delay costly. If you are in Canada on another status and fear return, get advice now.

Inconsistencies. Small differences between your BOC, your port of entry notes and your testimony can be treated as credibility problems. A careful BOC, reviewed with you in your language, reduces this risk.

Missing identity documents. Identity is the first thing the Board decides.

Internal flight and state protection. The Board will ask why you could not move elsewhere in your country, or why the police could not protect you.

Missed deadlines. Missing BOC or RAD deadlines can lead to an abandonment hearing or the loss of an appeal.