Immigration law update · Refugee claims
New Refugee Protection Division Rules in force November 3, 2026 replace the old “10 days before the hearing” deadline for most refugee claimants.
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
- The change at a glance
- What changed
- Changes or additions to your Basis of Claim must reach the Refugee Protection Division within 5 days after you receive the notice to appear.
- In force
- November 3, 2026
- Who it affects
- Claims referred on or after November 3, 2026, and older claims whose notice to appear arrives on or after January 4, 2027
- What to do now
- Check the date you received your notice to appear
- Source
- Refugee Protection Division Rules, rule 7(2), as amended by SOR/2026-219
As of November 3, 2026, refugee claimants in Canada must send any changes or additions to their Basis of Claim to the Refugee Protection Division no later than 5 days after they receive their notice to appear, under rule 7(2) of the amended Refugee Protection Division Rules (SOR/2026-219). The old rule allowed changes up to 10 days before the hearing. Claims referred on or before November 2, 2026 keep the 10-day rule if the notice to appear arrives by January 3, 2027.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares Basis of Claim narratives and amendments and represents refugee claimants at the Refugee Protection Division.
Before and after
| Before November 3, 2026 | From November 3, 2026 | |
|---|---|---|
| Basis of Claim changes | 10 days before the hearing | 5 days after the notice to appear (r. 7(2)) |
| Personal documents | 10 days before the hearing | 30 days after referral (r. 34(3)(b)); 60 days for claims referred Nov 3, 2026 to Jan 3, 2027 |
| Country evidence | 10 days before the hearing | Unchanged: 10 days before the hearing |
Who it affects
- Claims referred to the Refugee Protection Division on or after November 3, 2026
- Claims referred on or before November 2, 2026 whose notice to appear arrives on or after January 4, 2027
Not affected: claims already decided, appeals at the Refugee Appeal Division, and older claims whose notice to appear arrives by January 3, 2027, which keep the 10-day rule.
If this applies to you, book a consultation.
What to do now
- Find the date you received your notice to appear, and count 5 days from it.
- Reread your Basis of Claim for anything wrong, missing or out of date.
- Send changes in writing on the Division’s change form, describing each change, with a signed declaration.
Full guideChanging your Basis of Claim before the hearing
A lawyer’s view
Under the old rule, corrections to a Basis of Claim usually came late: in my files, the wrong date or missing detail tends to surface when we go through the story line by line in hearing preparation, weeks before the hearing. For new claims that window is gone. That review now has to happen within days of the notice to appear.
Treat the notice to appear as the start of hearing preparation, not a date to diary. If you have a lawyer, send it to them the day it arrives. If you don’t, this is the point to get one: after the 5 days, a change needs the Division’s permission and an explanation, and the member will ask why it came late.
Sundeep S. Grewal, lawyer, Lawgical Law Corporation
Official sources
- Rules Amending the Refugee Protection Division Rules, SOR/2026-219 (Canada Gazette, Part II, November 4, 2026)
- IRB: Refugee Protection Division Practice Notice on Procedural Issues (modified November 3, 2026)
- IRB: Important changes for refugee claimants: new RPD Rules (November 3, 2026)
Updates to this story
November 13, 2026: published.
Affected by this change? How we can help
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
- Refugee claims and Basis of Claim preparation
- Pre-removal risk assessments (PRRA)
- Stays of removal
- Federal Court judicial review
Offices in Surrey, Abbotsford and Vancouver, BC. Consultations by booking.
This update is general information, not legal advice. Every case depends on its own facts.