While each division of the IRB is
responsible for making decisions on different immigration or refugee
matters, they all follow an administrative
tribunal process similar to
what happens in a court, though less formal. The process is flexible
and can take many forms so long as it ensures that the IRB makes
well-reasoned, efficient and fair decisions. The IRB tribunal
process is based on Canadian law, Canada's international obligations
and Canada's humanitarian traditions.
In the tribunal process:
- A person appearing before the IRB has
the right to be represented, at his or her own expense, by counsel – a
lawyer, immigration
consultant, trusted advisor or family member.
- A person has the right to be heard and to present evidence and arguments
to an impartial decision-maker.
- Hearings are usually held in person. They can also be held by videoconference,
telephone or other means that allow for a fair hearing.
- Proceedings may be in English or French and a person appearing before
the IRB may
also use an interpreter.
- All testimony is given under oath (by swearing on a holy book) or
by affirmation (a solemn promise to tell th truth).
- The people who hear the cases and make the decisions are called members.
In most cases, one member hears the case.
- Hearings of refugee claims are usually held in private.
- Other hearings
are usually open to the public. That means media or members of the
public may observe hearings or get information about a case.
- The setting and procedures for hearings are generally informal,
so evidence is not limited by technical or legal rules.
- Each division has rules on procedures. The rules cover matters
such as time limits, evidence, documents and other responsibilities
of counsel or the people appearing before the IRB.
- All decisions are based on the evidence provided and the law.
- Members must provide reasons for final decisions. Sometimes
the member may not write out the reasons, but may state them at the
end of the hearing. Or, sometimes the member may write out the reasons
for the decision later, after the hearing.
- The person appearing before the IRB,
the Minister of Citizenship and Immigration, or the Minister of Public
Safety may apply to the Federal Court of Canada for a judicial
review of an IRB decision.
However, the person or the Ministers' representative must first obtain
the Court's permission. This is called leave.
For general information on the IRB's
procedures, refer to The
Immigration and Refugee Board of Canada: An Overview.
All Divisions of the Tribunal
Immigration Appeal Division
Immigration Division
Refugee Protection Division
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