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 on Country-of-Origin Information Packages in Refugee Protection
Claims (March 2007)
The objective of this policy is to ensure that common, nationally issued
country-of-origin information (COI) packages are used as the standard
country information evidence by the Immigration and Refugee Board of Canada (IRB)
across Canada. 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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