The Immigration and Refugee Board (IRB) is an independent administrative tribunal responsible for making decisions on immigration and refugee matters in Canada. The IRB is divided into four divisions: the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division, and the Immigration Appeal Division. Each division has a distinct role in the Canadian immigration and refugee system, ensuring that individuals seeking protection or wishing to immigrate to Canada are treated fairly and in accordance with the law.
Overview of the Immigration and Refugee Board
The IRB was established in 1989, with the primary goal of providing a fair and efficient process for determining refugee claims and addressing immigration issues. The board’s decisions are guided by the Immigration and Refugee Protection Act (IRPA) and the Regulations, as well as international law, including the United Nations Convention Relating to the Status of Refugees. The IRB’s independence is crucial in ensuring that decisions are made impartially, without interference from the government or other external factors.
Refugee Protection Division
The Refugee Protection Division (RPD) is responsible for determining whether an individual is a Convention refugee or a person in need of protection. This division hears claims from individuals who are seeking protection in Canada due to a fear of persecution in their home country. The RPD considers factors such as the claimant’s personal circumstances, the situation in their country of origin, and the potential risks they may face if returned. Decisions made by the RPD can have a significant impact on the claimant’s life, as they may be granted protection in Canada or face removal to their home country.
The RPD process typically involves a hearing, where the claimant presents their evidence and testimony. The division may also consider documentary evidence, such as reports from human rights organizations or medical evaluations. Country of Origin Information (COI) is a crucial aspect of the RPD's decision-making process, as it helps to establish the claimant's credibility and the likelihood of persecution in their home country.
| Division | Responsibility |
|---|---|
| Refugee Protection Division | Determines refugee claims and decides on protection |
| Refugee Appeal Division | Hears appeals of RPD decisions |
| Immigration Division | Conducts inquiries and hearings related to immigration enforcement |
| Immigration Appeal Division | Hears appeals of immigration decisions, such as removal orders |
Immigration Division
The Immigration Division (ID) is responsible for conducting inquiries and hearings related to immigration enforcement, including admissibility hearings and detention reviews. The ID may consider issues such as an individual’s inadmissibility to Canada due to health, security, or criminal concerns. The ID’s decisions can result in the issuance of removal orders, which may be appealed to the Immigration Appeal Division.
In addition to admissibility hearings, the ID also conducts detention reviews, which involve determining whether an individual should be released from detention or remain in custody. The ID considers factors such as the individual's flight risk, the likelihood of their removal from Canada, and any potential risks to public safety.
Immigration and Refugee Board Process
The IRB process involves several stages, from the initial claim or application to the final decision. Individuals seeking protection or wishing to immigrate to Canada must first submit their claim or application to the relevant division. The IRB will then schedule a hearing, where the individual will have the opportunity to present their evidence and testimony.
After the hearing, the IRB will render a decision, which may be positive (e.g., granting refugee protection) or negative (e.g., denying a claim). Decisions made by the IRB can be appealed to a higher division, such as the Refugee Appeal Division or the Immigration Appeal Division.
Appeal Process
The IRB’s appeal process provides individuals with an opportunity to challenge a negative decision. The Refugee Appeal Division (RAD) hears appeals of RPD decisions, while the Immigration Appeal Division (IAD) hears appeals of immigration decisions, such as removal orders. The appeal process involves a review of the original decision, as well as any new evidence that may have become available since the initial hearing.
The RAD and IAD consider factors such as the reasonableness of the original decision, any errors of law or fact, and the potential impact of the decision on the individual. Jurisprudence plays a significant role in the appeal process, as the IRB's divisions must consider relevant case law and precedents when rendering their decisions.
What is the role of the Immigration and Refugee Board in Canada?
+The Immigration and Refugee Board (IRB) is an independent administrative tribunal responsible for making decisions on immigration and refugee matters in Canada. The IRB’s divisions determine refugee claims, conduct inquiries and hearings related to immigration enforcement, and hear appeals of immigration decisions.
How does the Refugee Protection Division make its decisions?
+The Refugee Protection Division (RPD) considers factors such as the claimant’s personal circumstances, the situation in their country of origin, and the potential risks they may face if returned. The RPD also considers documentary evidence, such as reports from human rights organizations or medical evaluations, and may conduct a hearing to gather additional information.
Can decisions made by the Immigration and Refugee Board be appealed?
+Yes, decisions made by the Immigration and Refugee Board can be appealed to a higher division. The Refugee Appeal Division (RAD) hears appeals of RPD decisions, while the Immigration Appeal Division (IAD) hears appeals of immigration decisions, such as removal orders. The appeal process involves a review of the original decision, as well as any new evidence that may have become available since the initial hearing.
