Different countries have different hearing processes. In general, a government officer will look at the documents you submitted and ask questions to make sure what you said in your claim is true, and decide whether you qualify for protection.
Canada
The Immigration and Refugee Board of Canada (IRB) has prepared a Claimant’s Guide to help refugee claimants in Canada. The Guide gives a basic introduction to the refugee claim process in Canada and what claimants should do.
Further guidance on the scheduling and preparation for Canadian applications is found at the My Refugee Claim website, developed by the refugee charity called Kinbrace.
The following section describes what will happen during a hearing process. You should consult your counsel to find out how this process varies in different situations.
- First you will take a legal declaration to promise both that what you said in your written statement was true and that what you will say in your testimony will be true.
- The Refugee Protection Division (RPD) member will ask you questions about your claim, and give you a chance to share what you think is important to your claim.
- If you bring any witness to the hearing, the witness will come into the hearing room and give evidence after you finish answering questions.
- After you and any witness finish giving evidence, the RPD member will ask you or your counsel to explain why the evidence supports your refugee claim.
- At the end of the hearing, the RPD member will communicate the decision and the reasons for the decision orally. If it is not possible, then you will receive the decision by mail at a later date. The board member must consider the entirety of the evidence before making any determinations.1
United States
A United States Citizenship and Immigration Services (USCIS) asylum officer will conduct a credible-fear screening interview to determine whether your fear of persecution is well-founded.
If an asylum officer finds that you have a credible claim, the officer may schedule an Asylum Merits Interview for you to determine whether you are eligible for refugee status.
In the interview, the asylum officer will verify your identity by asking questions such as basic biographical questions and the reasons you are applying for asylum. The officer may also ask questions to test whether you are prohibited from making asylum claims.
You will be asked to take an oath, to promise you will tell the truth. You may bring in witnesses and submit affidavits of witnesses. At the end of the interview, you and your legal counsel will have time to make a brief statement and add any information that you think is important. You will not receive a written decision at the end of the Asylum Merits Interview.
For the regulations governing Asylum Merits Interviews, see 8 CFR 208.9.
United Kingdom
In the United Kingdom, you will be interviewed by a caseworker. In the interview, you will explain why you are afraid to go back, and how you face persecution in your country. Bring all the evidence you have to the interview and tell the caseworker everything that is to be considered. The caseworker will make notes in a document called an ‘interview record” and provide a copy of this record to you at the end of the interview.
Australia
After submitting an application, you will be interviewed by a Department of Home Affairs officer. The officer will ask questions to verify your identity and the credibility of your claims.
Disclaimer: This website does not contain legal advice. For all legal questions, it is best to consult with a qualified lawyer. The information contained on this website may not be current due to changes since the time it was written.
1. Bond and Wiseman at 25, citing Tung v Canada, [1991] FCJ No 292 (FCA).
Religious Refugees 