Can the person in charge of my hearing ask for more evidence or change the rules mid-way?

Jurisdiction: Canada • Practice Area: Immigration Law • Responsible editor: Cong Ho• Published October 24, 2026

The situation

I am currently in the middle of a very stressful process regarding my asylum claim here in Canada. My first hearing with the immigration board was scheduled for three months ago, on the 12th of January, but it has been delayed several times. During my last meeting with the officer, they mentioned that they might need to look into certain details about my home country that weren't in my original application. I have already spent about $2,500 on translation services and legal help to make sure my paperwork was perfect, and I have submitted every single document they asked for during the initial programme. However, now I am worried because the person presiding over my case suggested they might want to call a specific witness or request extra information that I didn't think was part of the original plan. I have tried asking my representative if this is normal, but I am still confused. If the person running my hearing decides they need to do something extra to make sure everything is fair and complete, do they actually have the authority to just decide that on their own, or do they have to follow a strict, pre-set list of steps that cannot be changed?

Quick Summary

Yes, the person presiding over your hearing has the legal authority to request more information or witnesses. They are permitted to do whatever they consider necessary to ensure your hearing is full and proper.

Detailed Analysis

In your asylum claim process, the person running your hearing (the member of the Division) does indeed have the authority to change the scope of the evidence. Under the law, the members of the Refugee Protection Division have the "powers and authority of a commissioner appointed under Part I of the Inquiries Act and may do any other thing they consider necessary to provide a full and proper hearing" [cite:ca-irpa-sec165]. This means they are not strictly bound to only the documents you submitted during your initial program, even though you have already spent $2,500 on translations and legal help. Furthermore, the law gives the Division broad powers regarding how they conduct your proceedings. Specifically, the Division "may inquire into any matter that it considers relevant to establishing whether a claim is well-founded" [cite:ca-irpa-sec170]. This includes the power to "question the witnesses, including the person who is the subject of the proceeding" [cite:ca-irpa-sec170]. Because the officer mentioned needing to look into details about your home country, they are exercising this right to ensure the facts are accurate. It is also important to know that the Division is "not bound by any legal or technical rules of evidence" [cite:ca-irpa-sec170]. In a normal court, there are very strict rules about what can be said or shown, but in your refugee hearing, the officer has more flexibility to accept information they consider "credible or trustworthy" [cite:ca-irpa-sec170]. While the officer has this authority, they must still follow the rules set by the Board. While they can ask for more, they must also ensure you have a "reasonable opportunity to present evidence, question witnesses and make representations" [cite:ca-irpa-sec170]. This ensures that while they can add new elements to the case, the process remains fair to you. State, provincial, or local laws may add further rules regarding specific administrative procedures.

Statutory Citations

Legal Citation: Immigration and Refugee Protection Act § S.C. 2001, c. 27, s. 165 — Powers of a commissioner
"each member of those Divisions have the powers and authority of a commissioner... and may do any other thing they consider necessary to provide a full and proper hearing"
View Official Legislation →
Legal Citation: Immigration and Refugee Protection Act § S.C. 2001, c. 27, s. 170 — Proceedings
"may inquire into any matter that it considers relevant to establishing whether a claim is well-founded; ... is not bound by any legal or technical rules of evidence"
View Official Legislation →

Important Legal Disclaimer

General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.

Have a situation like this?

Ask the AI Lawyer app about your specific case.

Related Questions