Policy Making in the
Immigration and Refugee Board of Canada
The scope and scale of the task the IRB has
in adjudicating a diverse range of immigration and refugee matters in three Divisions
means that the Board cannot rely solely on the guidance that legislation
and judicial decisions provide. The Immigration
and Refugee Protection Act and Regulations provide
general guidance, but leave much latitude for interpretation. Judicial
guidance is also limited:
IRB decisions
are subject to judicial review by the Federal Court, but only with leave
and the judicial review process does not resolve every ambiguity or gap
in law or practice. Where it considers advisable, the IRB seeks to fill
this gap through mechanisms it has generated to improve the quality of
the justice it delivers. Its efforts in this regard constitute policy-making. More
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