Canadian Refugee Procedure/RPD Rule 25 - Notice to Appear

RPD Rule 25

The text of the relevant rule reads:

Notice to Appear

Notice to appear
25 (1) The Division must notify the claimant or protected person and the Minister in writing of the date, time and location of the proceeding.

Notice to appear for hearing
(2) In the case of a hearing on a refugee claim, the notice may be provided by an officer under paragraph 3(4)(a).

Date fixed for hearing
(3) The date fixed for a hearing of a claim or an application to vacate or to cease refugee protection must not be earlier than 20 days after the day on which the parties receive the notice referred to in subrule (1) or (2) unless
(a) the hearing has been adjourned or postponed from an earlier date; or
(b) the parties consent to an earlier date.

Minors are not ordinarily expected to attend the hearing

The Refugee Protection Division: Practice Notice on Procedural Issues states:

5.1 Presence of minor refugee claimants at a hearing

Unless required by the presiding member, a minor (under 18 years of age on the date of their refugee hearing) does not need to attend their hearing. However, a minor may attend the hearing if they wish in consultation with their designated representative.

It is notable that the previous practice notices to this one only waived the default that children will not be expected to attend a hearing to accompanied children. For example, the Practice notice: Presence of children at Refugee Protection Division hearings, provided that accompanied children who were under the age of 12 on the date of the hearing were not required to appear before the RPD unless the presiding member required their attendance. Then, during the Covid period, as a temporary measure, this was extended to all children. The Refugee Protection Division: Practice Notice on the resumption of in-person hearings from 2020 provided that accompanied children under the age of 18 on the date of the hearing were not required to appear before the RPD unless the presiding member required their attendance. The previous Chairperson Guideline 3: Child Refugee Claimants: Procedural and Evidentiary Issues provided that accompanied children included:

• Children who arrive in Canada at the same time as their parents or some time thereafter. In most cases, the parents also seek refugee status, and
• Children who arrive in Canada with, or are being looked after in Canada by, persons who the RPD is satisfied are related to the child, then the child should be considered an accompanied child.

Now, this default is no longer restricted to "accompanied children". The Chairperson’s Guideline 3: Proceedings Involving Minors at the Immigration and Refugee Board​ sets out considerations for the member when deciding whether to require a child to attend the hearing.

How long is a normal hearing?

Unless otherwise specified, for example if the hearing notice states that the hearing will be a full day or a short hearing of only 2 hours, parties should expect that a hearing will usually be about 3.5 hours. That said, hearing length can vary, usually within a range of 1–4 hours. Parties can make an application pursuant to Rule 50 to request a different hearing duration, for example that a full-day hearing be scheduled.

Conduct and process at the hearing

For details about how parties should comport themselves in the context of a hearing, see the section of this book on decorum: Canadian Refugee Procedure/Decorum.