The RPD or RAD may reopen a matter in limited circumstances where natural justice requires it. Reopening is exceptional and is not a general opportunity to repair poor preparation or present evidence that could have been filed earlier.
Issues requiring careful review
- The precise breach of natural justice alleged
- Notice, representation, interpretation or procedural failure
- Applicant’s diligence and explanation
- Prejudice caused by the procedural problem
- Other available remedies and finality concerns
How we prepare the matter
- Obtain the complete procedural history, decisions, notices and prior submissions.
- Build a detailed chronology and identify inconsistencies or missing evidence.
- Apply the governing legal test to the claimant’s particular facts.
- Develop corroborating, expert and country-condition evidence where relevant.
- Prepare focused written representations and hearing testimony within applicable deadlines.
Credibility and disclosure
Refugee proceedings often compare oral testimony with the Basis of Claim form, port-of-entry notes, immigration applications, documentary evidence and prior statements. An omission is not automatically fatal, but material differences should be identified early and explained truthfully with supporting evidence where available.
Frequently asked questions
Does missing a hearing automatically justify reopening?
No. The tribunal examines why the person failed to appear, what steps they took, notice and the overall requirements of natural justice.
Can a positive result be guaranteed?
No. Refugee and protection decisions are made by the responsible tribunal or authority. Representation focuses on lawful strategy, reliable evidence, procedural fairness and clear submissions.
Where can I verify the governing procedure?
See the official Canadian government or Immigration and Refugee Board information. Current rules and the complete record must be checked before taking action.
Refugee law, procedures, country conditions and available remedies can change. Information on this page is general and is not a substitute for advice based on the complete record.