Introduction
Decisions on immigration and refugee issues are made by the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal. The IRB is a quasi-judicial organization part of the Canadian federal government tasked with addressing the issues of people entering the country for humanitarian help. The Immigration Act of 1989 created the IRB which reviews appeals from those whose entry to Canada has been denied and petitions from people told to leave Canada (Kyeremeh et al. 2021, 649-667).
IRB is in charge of decisions regarding the grant of requests for asylum submitted by Canadian residents. It is an independent administrative tribunal and is not influenced by the federal government in its operations. The IRB is comprised of the Immigration Appeal Division (IAD), the Immigration Division (ID), and the Refugee Protection Division (RPD). Canadian residents submit their applications for refugee status to the Refugee Protection Division. Those denied entry to Canada might appeal at the immigration division. Individuals directed to leave the country may file their appeals at the Immigration Appeal Division to have their applications reconsidered.
The IRB has offices all around Canada, and its main office is in Ottawa, Ontario. The governor-in-council appoints the Chairperson of the IRB who is supported by the vice-chairperson and deputy chairperson. The IRB has authoritative powers of issuing orders since it is a quasi-judicial body (Kwak 2018, 447-470). The IRB must make immigration and refugee-related decisions and continuously review the appeals from those denied entries or instructed to leave the country.
Purpose and Function of the Tribunal
Making decisions about immigration and refugee issues is under the purview of the IRB. Lu and Ng (2019, 3-11) observe that the tribunal is primarily mandated to listen to appeals of individuals instructed to leave or denied from entering Canada. Additionally, the IRB is responsible for determining whether to grant claims for asylum made by those already residing in Canada or not. The Refugee Protection Division accepts applications for refugee status from Canadian citizens. Those refused entry to Canada must file an appeal with the Immigration Division. A person ordered to leave Canada may file an appeal with the Immigration Appeal Division.
Laws and Legislation that Govern the Tribunal
The IRB’s activities are governed by the Immigration and Refugee Protection Act. The IRPA is the name of the primary piece of legislation governing immigration and refugee matters in Canada (Somali Heritage Week Act 2020). The IRPA specifies the rules and procedures that the IRB must adhere to when conducting hearings and making decisions. The IRPA also outlines the criteria for expulsion from Canada and the thresholds at which someone may be ordered to leave (Ontario Immigration Act 2015). The IRPR outlines the guidelines and practices the IRB must adhere to when holding hearings and making conclusions (Ontario Immigration Act 2015). The IRPR also outlines the procedures for filing a refugee claim in Canada.
The IRB is likewise subject to the Canadian Charter of Rights and Freedoms. One of the freedoms and rights are given to everyone in Canada by the Charter is the right to a fair trial by jury (Employment Protection for Foreign Nationals Act 2009). The IRB is subject to the Canadian Human Rights Act as well. Discrimination against individuals based on their race, national or ethnic origin, color, religion, sex, age, or physical or mental handicap is prohibited by the Human Rights Act (Employment Protection for Foreign Nationals Act, 2009).
The IRB is subject to the Privacy Act as well. The Privacy Act protects people’s right to privacy by requiring that only lawful methods be used to collect, use, and disclose personal information. The IRB must comply with the Official Languages Act when doing business and making decisions (Legal Aid Services Act 2020). According to the Official Languages Act, the IRB must provide services in both English and French. Finally, the IRB is likewise subject to the Access to Information Act. According to the Access to Information Act, people have the right to request access to government records.
Structure and Organization of the Tribunal
The IRB is comprised of the ID, RAD, and RPD, which act collectively to deliver on its mandate. The board is led by a chairperson who collaborates with members to deliver the required services. A leadership appointed by the Governor in Council heads the IRB. The chairperson may hold an office for up to seven years and may be removed from office by the Governor in Council to serve in different branches. The organization’s structure of IRB is summarized in the figure below.
A chairperson, with three assistants who are also respective members of ID, RAD, and RPD, heads the board. The assistant deputy chairpersons are members and heads of regional offices. Each office is comprised of several members depending on the workload. All board employees are appointed based on two conditions: They can only serve a maximum of seven years, and will only remain in office as long as they exhibit good behavior.
Flow Chart
The structure and organization of the Immigration and Refugee Board of Canada is organized systematically from the low level to the top hierarchy. The fowling are the various stages of applications:
- Entry process-Here, an individual is expected to make claims at the office of the Canada Border Services Agency (CBSA).
- Apply for legal aid-At this point, individuals file basis for claims file and wait within fifteen days for its approval or rejection. Once approved, the claim proceeds to the next level
- Eligibility-Here, the applicant receives the date upon approval of the case within 30 days.
- Claim acceptance-Once the claim has been accepted, an individual applies for Canadian resident status.
In case the claim is denied, the following are reliefs available to the applicant:
- The applicant can apply within 15 days to the refugee appeal division of the IRB
- The applicant can apply within 15 days to the federal court for judicial review and a stay of removal;
- The applicant can apply for pre-removal risk assessment and must wait for 12 months after the date of the refugee claim
This is a flow chart of the Immigration and Refugee Board of Canada (IRB).
Legislation That Deals with the Issues
The IRPA is the primary legislation that deals with the issue of immigration in Canada. The Act sets out the rules and procedures for how applications for permanent residence and refugee status are to be made and processed. The Act also gives the Immigration and Refugee Board of Canada (IRB) the authority to decide on these applications (Dalexis et al. 2020, 113-299). The IRPA provides two main types of applications: those for permanent residence and those for refugee status. Permanent residence applications are made by individuals who want to live in Canada permanently (Ellermann and Yana 2020, 45-60). Individuals seeking protection from persecution or violence in their home country as in the following scenarios make refugee status applications.
- An application or appeal to the tribunal may be made under the Immigration and Refugee Protection Act (IRPA) (Egelman 2018, 461).
- Representatives may be authorized to represent an individual before the IRB by the Minister of Immigration, Refugees, and Citizenship (Egelman 2018, 461).
- Cases filed before the Federal Court of Appeal may be made from decisions of the Immigration Appeal Division on questions of law, fact, or mixed fact and law. Appeals to the Federal Court of Appeal may also be made on questions of the jurisdiction (Purkey 2022, 20).
- Interveners may be authorized to participate in proceedings before the IRB by the Chairperson (Doğar 2020, 235-261).
- IRB is not bound by any private clauses and its decisions are not subject to judicial reviews (Purkey 2022, 20).
- The IRB may use alternative dispute resolution methods, such as mediation or arbitration, at any stage of the proceedings (Doğar 2020, 235-261).
- IRB employs various procedures to resolve disputes and cases such as arbitration and mediation (Doğar 2020, 235-261). The resolutions may be adopted at any stage of its proceedings.
- The IRB may award costs to a party to proceedings if the IRB finds that the other party has misbehaved or has caused the proceedings to be extended unnecessarily (Purkey 2022, 20).
- The IRB may hold a pre-hearing conference to discuss any matters that may be relevant to the proceedings (Ellermann and Yana 2020, 45-60).
Forms for Application/Appeal by the Appellant/Applicant to Tribunal
The IRPA is the legislation that governs how the IRB must conduct hearings and decide cases. The IRB is an independent administrative tribunal responsible for making decisions on immigration and refugee matters. Applications or appeals to the IRB must be made in writing and can be submitted online, by mail, or in person (Ellermann and Yana 2020, 45-60). The IRB will then review the application or appeal to ensure that it meets the requirements of the IRPA (Armenian Heritage Month Act 2022). The IRB will schedule a hearing if the application or appeal is complete and meets the requirements.
The “Confirmation of hearing needs form” in figure 3 is filled by the plaintiff regarding their requirement for an interpreter, witnesses, and disclosure of any necessary documents. All necessary forms are filled by the appellant and sent to the respective offices for legal consideration and hearing.
During the hearing, the applicant or appellant will have an opportunity to present their case, and the respondent will have an opportunity to present their case. After hearing both sides, the IRB will make a decision. The IRB’s decisions are final and cannot be appealed to a higher court. However, if there is new evidence that was not available at the time of the hearing, the IRB may reconsider its decision (Kwak 2018, 447-470).
Suppose an individual is seeking to immigrate to Canada or claim refugee protection. In that case, it is essential to ensure that the application or appeal is complete and meets all the requirements of the IRPA (Dalexis et al. 2020, 113-299). Hiring a lawyer or immigration consultant can help increase an individual’s chances of success. The tribunal does not have a set format for applications or appeals. The Immigration and Refugee Protection Act (IRPA) lays forth the guidelines for how the IRB must conduct hearings and decide cases.
Conclusion
The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal that decides on immigration and refugee issues. The IRB is part of the Canadian federal government and was created by the Immigration Act of 1989. The IRB is responsible for reviewing appeals from that denied entry into Canada and petitions from those who have been ordered to leave Canada. The IRB also decides whether or not to grant requests for asylum submitted by those currently residing in Canada. The IRB is an integral part of the Canadian immigration process, and its decisions significantly influence the lives of those involved (Lu and Ng 2019, 3-11). The IRB is committed to making fair and just decisions and taking responsibility for the Canadian people seriously.
Reference List
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Legal Aid Services Act, 2020, S.O. 2020, c. 11, Sched. 15.
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Ontario Immigration Act, 2015, S.O. 2015, c. 8.
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Somali Heritage Week Act, 2020, S.O. 2020, c. 22.