Proposed Refugee Tribunal Rule Changes Raise Fairness Concerns, Says Canadian Council for Refugees 

Canada’s refugee determination system could soon undergo significant procedural changes, but one of the country’s leading refugee advocacy organizations is urging the federal government to ensure that efficiency does not come at the expense of fairness. The Canadian Council for Refugees (CCR) has submitted detailed feedback on the proposed amendments to the Refugee Protection Division (RPD) Rules under Bill C-12, warning that some of the proposed measures could create additional barriers for vulnerable refugee claimants. 

While the council acknowledges the need to improve processing efficiency amid growing case volumes, it argues that several proposed rule changes could unintentionally disadvantage people who already face significant challenges, including language barriers, lack of legal representation, homelessness, trauma, and limited digital access. The recommendations call for a more balanced approach that protects procedural fairness while improving the refugee determination process. 

What Are the Proposed Refugee Tribunal Rule Changes? 

The proposed amendments are intended to modernize how refugee claims are processed before the Refugee Protection Division of the Immigration and Refugee Board of Canada. 

The objectives include: 

• Improving processing efficiency.  

• Reducing administrative delays.  

• Standardizing document submission procedures.  

• Expanding digital case management through the MyCase portal.  

• Streamlining refugee hearings.  

Although these goals aim to improve the overall refugee system, the Canadian Council for Refugees believes several proposals require additional safeguards. 

Why Is the Canadian Council for Refugees Concerned? 

In its submission, the council emphasizes that refugee claimants are often among the most vulnerable individuals interacting with Canada’s immigration system. 

Many applicants may: 

• Arrive without legal representation.  

• Experience trauma after fleeing persecution.  

• Face language barriers.  

• Have limited access to computers or the internet.  

• Live in temporary housing or shelters.  

According to the CCR, procedural rules that appear straightforward for represented applicants may become significant obstacles for vulnerable individuals attempting to present their claims fairly. 

Key Concerns Raised by the Canadian Council for Refugees 

The submission identifies several areas where the proposed rules could create unintended consequences. 

1. Complex Application Forms 

The council recommends simplifying the language used in refugee application forms. 

Many refugee claimants are unfamiliar with Canada’s legal system and may struggle to understand technical terminology without professional assistance. 

Simpler forms could reduce errors and improve the quality of applications submitted to the tribunal. 

2. Strict Document Disclosure Deadlines 

One of the major concerns involves deadlines for submitting supporting evidence. 

The CCR recommends extending disclosure timelines to 60 days, allowing claimants additional time to gather documents, obtain translations, and secure legal assistance where needed. 

The organization argues that rigid deadlines could disadvantage applicants fleeing conflict or persecution who may have difficulty obtaining documentation from their home countries. 

3. Greater Reliance on the MyCase Digital Portal 

The proposed rules place increased emphasis on using the Immigration and Refugee Board’s MyCase online portal. 

While digital systems improve administrative efficiency, the council notes that some claimants may not have: 

• Reliable internet access.  

• Digital literacy.  

• Stable housing.  

• Regular access to email notifications.  

Without appropriate accommodations, important deadlines or notices could be missed. 

4. Risk of Claim Abandonment 

The CCR warns that procedural failures could lead to refugee claims being considered abandoned even when applicants remain committed to pursuing protection. 

This concern is particularly significant for: 

• Unrepresented applicants.  

• Individuals experiencing homelessness.  

• People with limited English or French proficiency.  

• Claimants facing mental health challenges.  

The council recommends ensuring procedural flexibility before abandonment decisions are made. 

5. Maintaining Oral Hearings 

The organization also encourages the tribunal to preserve opportunities for oral hearings. 

Face-to-face hearings allow decision-makers to better assess credibility, clarify misunderstandings, and ensure applicants fully understand the process. 

According to the CCR, oral hearings remain an essential safeguard within Canada’s refugee determination system. 

Balancing Efficiency With Procedural Fairness 

Canada continues to experience significant pressure on its refugee system due to increasing claim volumes. 

Improving efficiency can help reduce processing times, but refugee advocates argue that procedural safeguards should remain central to any reforms. 

The Canadian Council for Refugees supports modernization efforts while emphasizing that procedural fairness should not be compromised for administrative speed. 

Why These Proposed Changes Matter 

Refugee hearings often determine whether individuals facing persecution, violence, or human rights violations can remain safely in Canada. 

Small procedural changes may have significant consequences if applicants are unable to: 

• Submit required documents on time.  

• Access digital systems.  

• Understand legal requirements.  

• Respond to tribunal requests.  

Ensuring that claimants receive a fair opportunity to present their cases remains a fundamental principle of Canada’s refugee protection system. 

What Happens Next? 

The Refugee Protection Division will review stakeholder feedback before finalizing any rule changes. 

Submissions from legal organizations, refugee advocates, immigration professionals, and other stakeholders will help inform the final version of the amended rules. 

Until the new regulations are formally adopted, the existing Refugee Protection Division Rules remain in effect. 

The proposed Canada refugee tribunal rule changes seek to improve efficiency within the refugee determination system, but the Canadian Council for Refugees believes procedural fairness must remain the highest priority. Its recommendations including simpler application forms, longer evidence submission deadlines, greater flexibility for vulnerable applicants, and continued access to oral hearings aim to ensure that administrative improvements do not undermine access to justice. 

As Canada continues reviewing these proposed reforms, striking the right balance between faster processing and fair decision-making will be critical to maintaining confidence in the country’s refugee protection system.