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.
Policy for Handling IRB Complaints Regarding Unauthorized, Paid Representatives
The purpose of this policy is to set out a uniform approach for handling complaints about unauthorized representatives (or counsel) who may, for a fee, be representing, advising or consulting with a person who is the subject of an Immigration and Refugee Board of Canada (IRB) proceeding.
Policy on the Use of Chairperson's Guidelines
This policy 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 Court-Ordered Rehearings
This policy is re-issued with consequential amendments to bring it in line with the terminology of the Immigration and Refugee Protection Act (IRPA) and Board Rules. 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
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
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.
Refugee Protection Division
Designation of Three-Member Panels - RPD Approach
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.
(January 2003 | Updated December 2012)
Policy on the Transfer of Files for Hearings by Videoconference (Refugee Protection Division)
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
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.
Policy on the Treatment of Unsolicited Information in the Refugee Protection Division
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
This policy governs the harmonization of documentary packages once a decision has been identified as a jurisprudential guide.
Reasons Review Policy
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.
Refugee Appeal Division
Designation of Three-Member Panels - Refugee Appeal Division
Under the Immigration and Refugee Protection Act (IRPA), proceedings are normally conducted by a single member of the Refugee Appeal Division (RAD). However, the Chairperson has the authority to constitute a panel composed of three members.
Immigration Appeal Division
Policy Governing Communication Between Early Resolution Officers and the Parties and Between Early Resolution Officers and Members in the Immigration Appeal Division
The purpose of this policy is primarily to set out an approach governing communication in the Immigration Appeal Division (IAD) when such communication occurs between an early resolution officer (ERO) and the parties or between an ERO and a member in the absence of the parties, concerning cases before the IAD.