IRB hearings, transcribed in French and English
For a refugee appeal or an application for judicial review: a verbatim transcript of the hearing recording, each language as spoken, with a declaration signed by the transcriber or, on request, a sworn affidavit.
When you need one
At the Refugee Appeal Division, an appellant who relies on the transcript of the Refugee Protection Division hearing files it with the appellant’s record, together with a declaration signed by the transcriber.
“… together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate”
Refugee Appeal Division Rules, SOR/2012-257, para. 3(3)(b): the appellant’s record
At the Federal Court, an application for leave is perfected within 30 days, and the facts it relies on are verified by affidavit (rule 10 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules). The tribunal’s record, with any transcript of the oral testimony, is prepared only once leave has been granted (rule 17). If what was said at the hearing matters to the leave application, the transcript has to be ready within those 30 days.
The recording
Counsel can request the MP3 recording of the hearing from the IRB through My Case, its secure portal. Send it to us as you received it, through a secure link, with the date your record is due.
Refugee Protection Division · Refugee Appeal Division · Immigration Appeal Division · Immigration Division
Two languages, and the interpreter
IRB hearings are held in English or in French, and many claimants testify through an interpreter. We transcribe English and French as spoken. When a French-speaking claimant testified through an interpreter at a hearing held in English, or an English-speaking claimant at a hearing held in French, we transcribe the testimony and the interpretation alike, each attributed to its speaker, so that one can be checked against the other.
Section 14 of the Charter guarantees the assistance of an interpreter to a party or witness who does not understand or speak the language of the proceedings. Testimony given in a language other than English or French is not transcribed; we mark where it occurs.
What you receive
The declaration names the person who did the work. If the appeal relies on a few passages only, we can transcribe those alone: the rule speaks of all or part of the transcript.
Confidentiality
Proceedings before the Refugee Protection Division and the Refugee Appeal Division are held in the absence of the public (Immigration and Refugee Protection Act, s. 166(c)). We treat the recording accordingly: transcribed by a person, never by a machine or an outside service, kept in restricted-access storage and deleted 30 days after delivery, under our retention policy.
Questions
- Does your declaration meet the Refugee Appeal Division Rules?
- It gives the transcriber’s name and states that the transcript is accurate, which is what paragraph 3(3)(b) of the Rules sets out. Whether your appeal needs more is for you to judge; we do not give legal advice.
- Can the transcriber swear an affidavit for the Federal Court?
- Yes. On request, the transcriber swears or affirms an affidavit before a commissioner, with the transcript attached as an exhibit.
- Do you transcribe the claimant’s own language?
- Only French and English. When a claimant testifies in another language through an interpreter, we transcribe the interpretation and mark where the claimant speaks.
- How fast can you deliver?
- Five business days, or forty-eight hours on request. Tell us when your record is due and we will confirm the date before we start.
- Do you work with legal aid offices?
- Yes. Each file is invoiced separately, under your file reference, so the disbursement is simple to approve.
Send the recording, the division and the date your record is due. We acknowledge receipt the same working day and confirm the price and the delivery date once the audio has been reviewed.
Send an IRB recording →