Claimants receive a Personal Information Form, which must be completed and returned to the Refugee Division within the prescribed time. If the form is not completed and returned, the person's claim could be declared abandoned and the person could be removed from Canada. The decision on the merit of a claim to Convention refugee status in usually made after a hearing where the claimant presents his case. The refugee determination hearing is non-adversarial in nature and is in the nature of an inquiry. Every effort is made to ensure that claimants can put forward their cases as thoroughly and completely as possible.
Claimants enjoy the full protection of the Canadian Charter of Rights and Freedoms.
To this end, a Refugee Claim Officer assists the panel before and during the hearing by ensuring that all available and relevant evidence is presented. While the hearing will generally be in person, it can also be by video conference. The refugee determination hearing normally takes place before a panel of two members although a claimant may consent to have just one member hear the claim. In some circumstances, claimants may have their claim determined by a single member without a hearing. This is called the Expedited Process and it is used where there is a high degree of certainty that a panel hearing would result in a favourable decision for the claimant.