What is the RPD?

The Refugee Protection Division (RPD) is the first-instance division of the Immigration and Refugee Board (IRB) that decides refugee-protection claims made by individuals already in Canada. The RPD applies sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA) to determine whether a claimant qualifies as a Convention refugee (s. 96) or a person in need of protection (s. 97).

A positive RPD decision grants Protected Person status, which is the foundation for permanent residence eligibility.

RPD claim process

1. Eligibility intake — at port of entry or inland CBSA/IRCC office. Most claimants are referred to the RPD for a hearing.
2. Basis of Claim (BOC) Form — claimant submits within 15 days of referral. The BOC tells the personal story of risk.
3. Disclosure — documentary evidence (identity documents, supporting affidavits, country-conditions reports) due 10 days before hearing.
4. Hearing — typically held in person or virtually at the IRB Regional Office serving the claimant's region. Lasts 2-6 hours. Claimant testifies; counsel cross-examines / re-examines; RPD Member asks questions; final submissions.
5. Decision — either oral on the day or written within weeks. Positive → Protected Person; negative → claimant can appeal to the RAD.

RPD eligibility grounds

• Section 96 — Convention refugee: a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
• Section 97(1)(a) — risk of torture (CAT-defined).
• Section 97(1)(b) — risk to life or risk of cruel and unusual treatment or punishment.

Common gotchas

• Hearing-date abandonment. Missing a scheduled hearing without prior notice can result in the claim being declared abandoned. Hard to reopen.
• BOC quality. The BOC narrative is the spine of the claim. Generic or inconsistent BOCs are scrutinized heavily.
• Disclosure deadlines. Late disclosure may be rejected. Counsel typically files country-conditions packets weeks before the hearing.
• Credibility is everything. Most negative RPD decisions are based on credibility findings, not law. Consistency across BOC, interview, and testimony is essential.

Representation

Refugee claimants can self-represent or be represented by a licensed RCIC-IRB (Class L3), an immigration lawyer, or — in specific contexts — designated counsel. Legal Aid Ontario, Legal Aid BC, and the Quebec legal aid system cover most refugee-protection cases for financially eligible claimants.

See also

• RAD — the appeal route.
• IRB — the broader tribunal.
• PRRA, H&C — alternative pre-removal pathways.