Policies
Policies are formal statements that explain the purpose and the mechanics
of operational initiatives at the Board. A policy set out specific responsibilities
for action by decision-makers and personnel supporting the adjudicative
process. Policies are flexible instruments, and the degree to which they
are mandatory varies with the content of the policy. They often contain
elements that are mandatory, but may also provide general guidance or
define areas in which the exercise of discretion is required.
All Tribunals
Policy on the Use of Chairperson's Guidelines (October
2003)
The Policy on the use of Chairperson's Guidelines sets out the framework
that guides in which circumstances the exercise of the Chairperson's
authority
may be carried out and the process for deciding to issue guidelines.
Policy on Oral Decisions and Oral Reasons (September
2003)
This policy reaffirms oral decisions and reasons, delivered at the conclusion
of a hearing, is the norm for decision-making in the Immigration and
Refugee
Board of Canada.
Policy on Court-Ordered Rehearings (June
2003)
This policy is re-issued with consequential amendments to bring it in
line with the terminology of the Immigration and Refugee Protection
Act (IRPA).
The policy standardizes the selection of decision makers when the Federal
Court refers a matter back to the IRB
for a rehearing and requires priority review of court ordered rehearings
by Legal Services.
Policy on Higher Court Interventions (March
2003)
This policy governs the exercise of the Immigration and Refugee Board of Canada's
(IRB)
option to seek leave to intervene in a proceeding before a Higher Court.
Policy on the Use of Jurisprudential Guides (March
2003)
This policy governs the exercise of the Chairperson's authority to identify
a decision as a jurisprudential guide in the Immigration Division, the
Immigration Appeal Division and the Refugee Protection Division.
Immigration Appeal Division & Immigration
Division
Policy on the Treatment of Applications
for Non-Disclosure of Information (May
2006)
This policy outlines the
principles governing the treatment of applications for non-disclosure of
information made by the Minister of Public Safety and Emergency Preparedness
under section 86(1) of the Immigration and Refugee Protection Act.
Refugee Protection Division
Fast Track Policy: Hearings Process (March
2005)
This
policy establishes a framework that governs the process to identify and
deal quickly and fairly with simple claims that require a hearing. The
objective is to establish, at an early stage, a means to identify and
process simple claims at a consistently faster rate than more complex
claims.
Fast Track Policy: Expedited Process (March 2005)
This policy establishes a framework to identify and deal quickly and
fairly with claims that can be determined positively without a hearing
at a consistently faster rate than more complex claims.
Policy on the Transfer of Files for Hearings by Videoconference
(Refugee Protection Division) (June 2004)
This policy outlines
the principles governing the administrative transfer of files between
regions/districts in the Refugee
Protection Division and the associated holding of hearings by videoconference.
Specifically, this policy sets out the circumstances in which administrative
transfers may or may not occur.
Policy for Producing Country of Origin National Documentation
Packages (December 2003 - In revision)
The harmonization of country of origin national documentation packages
is an important step to achieve consistency in decision-making. The consistent
use of the same documentary evidence in similar claims across all Refugee
Protection Division offices is fundamental to the quality of refugee
protection decisions.
More
Policy on the Treatment of Unsolicited Information in the Refugee
Protection Division (June 2003)
The policy governs the treatment and use of unsolicited information that
the IRB receives
in respect of proceedings in the Refugee Protection Division.
Policy on Document Harmonization in Support of Jurisprudential
Guides (May 2003)
This policy governs
the harmonization of documentary packages once a decision has been identified
as a jurisprudential guide.
Reasons Review Policy (August 1997)
Written reasons from Refugee Division members may be submitted in preliminary
draft form to legal advisers in advance of the release of the reasons
to the parties affected. More
Refugee Protection Division
Designation of Three-Member Panels – RPD Approach (January
2003)
Under the Immigration and Refugee Protection Act, hearings by
single member panels of the Refugee Protection Division (RPD)
are the norm. However, the RPD also
has the authority to have a claim, or an application to vacate or cease
refugee protection, heard by three members. More
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