Immigration & Refugee Appeals
The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal. It is responsible for making well-reasoned decisions on immigration and refugee appeals, efficiently, fairly and in accordance with the law. The IRB decides, among other responsibilities, who needs refugee protection among the thousands of claimants who come to Canada annually.
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.
The IRB consists of four divisions: Immigration, Immigration Appeals, Refugee Protection, and Refugee Appeals.
- Immigration Division: The Immigration Division (ID) consists of two main functions: to conduct admissibility hearings and detention reviews. If the Canada Border Services Agency (CBSA) believes an individual has not followed or contravenes the Act, they will ask the IRB to conduct an admissibility hearing — which will determine if the individual remain or enter Canada. If an individual is detained or held for immigration purposes, the Immigration Division will conduct detention reviews. Detention reviews are done within certain time frames, set forth by the Act. A Member of the Immigration Division will determine if an individual shall be released from detention; releases can also be by the CBSA.
- Immigration Appeals Division: The Immigration Appeals Division (IAD) hears appeals of immigration matters. These immigration matters are related to: sponsorships, removal orders, residency obligations or appeals made by (on behalf of) the Minister.
- Refugee Protection Division: The Refugee Protection Division (RPD) makes determinations for individuals in Canada seeking protection. For individuals residing outside of Canada, Citizenship and Immigration Canada makes the decision.
- Refugee Appeals Division: The Refugee Appeals Division (RAD) hears appeals of refugee matters.
For more information read online https://www.irb-cisr.gc.ca/en/Pages/index.aspx