Lilshira
Canada refugee evidence deadline shifts to 30 days from referral
Canada’s refugee protection system now requires claimants to submit personal evidence within 30 days of referral, replacing the previous hearing‑based deadline. The amendment took effect on November 3, 2026 and applies to all refugee claimants whose cases are referred after that date, with a temporary 60‑day window for referrals between November 3, 2026 and January 3, 2027.
In this story
At a glance
- What changes
- Personal evidence must be filed within 30 days of referral
- Timing
- Effective November 3 2026 with a 60‑day transitional period
- Who is affected
- All refugee claimants referred after November 3 2026
The details
- Announced by
- Immigration and Refugee Board (IRB)
- Takes effect
- November 3, 2026
- Previous rule
- Claimants previously had to file personal documents at least 10 days before their hearing.
- New rule
- Claims referred on or after January 4, 2027 must submit all personal evidence within 30 days of referral; referrals between November 3, 2026 and January 3, 2027 receive an automatic 60‑day deadline.
New evidence submission deadlines
The amended Refugee Protection Division (RPD) Rules introduce a referral‑based deadline for personal evidence. For claims referred on or after January 4, 2027, the deadline is 30 days from the date shown on the Confirmation of Referral (COR) document. This replaces the former requirement of filing at least 10 days before the hearing.
A transitional measure applies to claims referred between November 3, 2026 and January 3, 2027. Those claimants automatically receive a 60‑day window to submit evidence, without needing to request an extension.
- Referral date is identified on the COR issued by IRCC or CBSA.
- Country‑conditions evidence still must be filed no later than 10 days before the hearing.
Basis of Claim amendments and electronic filing
Amendments to a Basis of Claim (BOC) for claims referred on or after November 3, 2026 must reach the RPD within five days after the claimant receives a Notice to Appear (NTA). A mandatory “Changes to the Basis of Claim” form must accompany each amendment.
The IRB now requires electronic filing through the My Case portal for represented claimants. Unrepresented claimants may email documents until they receive an invitation to use My Case, after which portal filing becomes mandatory. Fax is eliminated except for detained claimants.
- Electronic submissions must be separate PDFs, include the RPD file number, and meet size limits.
- Detained claimants may continue using fax as the sole exception.
Translation, late evidence and other procedural updates
All non‑English/French documents still need a translation, but AI‑generated output alone is no longer acceptable. A human translator must sign a declaration confirming accuracy and disclose any AI assistance used.
If a claimant misses a deadline, a formal late‑disclosure application is required. The form must identify each late document, explain its relevance, and describe why it could not be provided on time.
- Affidavits and statutory declarations are no longer mandatory for most applications.
- Medical certificates are not automatically required for hearing‑date change requests.
What this means for travellers
Trip planning
- Claimants referred before November 3 2026 continue to follow the 10‑day‑before‑hearing rule for personal evidence.
- Claims referred after November 3 2026 must track the new 30‑day (or 60‑day transitional) deadline rather than the hearing date.
- Joined claims follow the deadline of the older claim in the family proceeding.
Cost and documents
- No new filing fees are introduced, but all documents must be submitted as separate PDFs with required identifiers.
- Translations now require a signed human‑review declaration, even if AI tools were used.
- Represented claimants must use the My Case portal; unrepresented claimants must switch to the portal once invited.
What you need to do
- Check the Confirmation of Referral date and calculate the 30‑day (or 60‑day) evidence deadline.
- Submit all personal evidence through the My Case portal or approved email method before the deadline.
- If evidence is late, complete the RPD late‑disclosure application form and explain the delay.
- Ensure any translation includes a human‑review declaration disclosing AI assistance.
Who this affects
-
Claims referred on or after Jan 4 2027
The new 30‑day personal evidence deadline applies to these referrals.
What to do Submit all personal evidence within 30 days of the referral date.
-
Claims referred between Nov 3 2026 and Jan 3 2027
A temporary 60‑day deadline automatically applies during this adjustment period.
What to do Submit personal evidence within 60 days of the referral date; no separate request needed.
-
Claims referred before Nov 3 2026
They are grandfathered under the pre‑amendment rules.
What to do File personal evidence at least 10 days before the scheduled hearing.
-
Represented claimants (with counsel)
The rules now mandate electronic filing through the My Case portal for represented parties.
What to do Upload all documents to My Case; request an alternative method only in exceptional circumstances.
-
Detained claimants
The fax elimination includes a narrow exception for detainees.
What to do Continue using fax for document transmission while in detention.
Frequently asked questions
What is the new deadline for submitting personal evidence for a Canadian refugee claim?
The deadline is now 30 days from the date the claim is referred, for claims referred on or after January 4 2027. A 60‑day deadline applies automatically to referrals between November 3 2026 and January 3 2027.
Do claims referred before November 3 2026 follow the new deadline?
No. Claims referred before November 3 2026 keep the old rule, requiring personal evidence to be filed at least 10 days before the hearing.
Is there a transitional period for the new evidence deadline?
Yes. Any claim referred between November 3 2026 and January 3 2027 receives an automatic 60‑day deadline to submit personal evidence, without needing to apply for an extension.
How must documents be submitted under the amended RPD rules?
All documents must be filed electronically as separate PDF files through the IRB’s My Case portal for represented claimants, or by email until an invitation to use My Case is received. Fax is only allowed for detained claimants.
Can AI‑generated translations be used for refugee claim documents?
AI tools may assist, but a human translator must review the translation, sign a declaration of accuracy, and disclose any AI assistance. Machine output alone is not acceptable.
What is required to amend a Basis of Claim form after the rule change?
Amendments must be submitted within five days after the claimant receives the Notice to Appear, using the mandatory “Changes to the Basis of Claim” form and must be filed electronically through My Case.
