Policy Notes
Policy Notes are memoranda which serve as an informal way of providing
policy guidance and are consistent with independent and impartial decision-making.
They are used to address areas of concern that may be of short duration
or limited to the Board's operations in a single region.
Policy Notes are not subject to consultation.
All Tribunals
Notice to Counsel – Western Region Registry
(September 2006)
Starting October 1, 2006, all registry operations for the Western Region
of the Immigration and Refugee Board of Canada (IRB) will be consolidated
at its Vancouver office. More
New Requirements for Counsel who Charge a Fee for their Services
(April 2004)
Until an automated system is in place, counsel will be required to provide
the name of the organization of which they are a member in good standing,
and their membership identification number to the IRB
in each separate case file for which counsel is representing the subject
of a proceeding. More
New Requirements for Counsel who Charge a Fee for their Services
- Update (May 2004)
The Policy Note on
the New Requirements for Counsel who Charge a Fee for their Services
(April 2004) stated that the IRB
planned to develop an automated system that would keep track of such information,
once counsel initially provided it. This automated system was officially
launched on May 4, 2004, for all three IRB
tribunals. Therefore, in accordance with that Policy Note, once counsel
has provided this information to the IRB
once, they will no longer be required to provide it to the IRB
in each separate case file.
Immigration Appeal Division
Policy Note: Notice to Counsel and Appellants - Earthquake Disaster
in South Asia: Affected Cases at the Immigration Appeal Division (IAD)
(October 2005)
This notice to
counsel and appellants addresses the scheduling of IAD
appeals that involve sponsored family members or residency obligation
appellants from an area affected by the recent earthquake disaster in
South Asia (mainly Kashmir and Pakistan's North-West Frontier Province).
Refugee Protection Division
Policy Note: Persuasive Decisions (December
2005)
This Policy
Note is intended to re-acquaint RPD
Members and staff with this important instrument in support of consistent
and high-quality decisions and also to set out how and in what circumstances
a persuasive decision is introduced, and in some cases, revoked.
Policy Note: Notice of Revocation - Persuasive Decision MA2-00869
(December 2005)
This Policy
Note states that Persuasive Decision MA2-00869 is revoked effective
December 13, 2005. MA2-00869 is inconsistent with the Federal Court
of Appeal's decision in Li
v. Canada (Minister of Citizenship
and Immigration) regarding the legal test to be applied in section
97 claims.
Policy Note: Notice of Identification - Persuasive Decision MA4-04467
(December 2005)
This Policy
Note states that Decision MA4-04467 is deemed persuasive following
its finding that the documentary evidence supports a conclusion that state
protection is not available for claims from Colombia made on the Convention
ground of political opinion (including imputed political opinion) or,
where applicable, on IRPA
section 97 grounds, where the agent of persecution is an armed group (FARC,
ELN
or paramilitaries).
Policy Note: Notice to Counsel and Claimants - Earthquake Disaster
in South Asia: Affected Cases at the Refugee Protection Division (RPD)
(October 2005)
This notice to
counsel and claimants addresses the scheduling of claims made by claimants
from an area affected by the recent earthquake disaster in South Asia
(mainly Kashmir and Pakistan's North-West Frontier Province).
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