Frequently Asked Questions (FAQs)
Refugee Protection Division
Immigration Division
Immigration Appeal Division
General
Other
Refugee Protection Division
How does a refugee protection claim get referred to the IRB?
- An officer at a port of entry (Canada Border Services Agency (CBSA)) or at a Canada Immigration Centre (Citizenship and Immigration Canada (CIC)) decides whether the claim is eligible to be heard by the Refugee Protection Division (RPD) of the IRB.
- A refugee protection claim is not eligible to be heard by the RPD if the person:
- has been already recognized as a Convention refugee or as a person in need of protection;
- has been recognized as a Convention refugee by another country and can be sent or returned to that country;
- arrived in Canada, directly or indirectly, from a country designated as safe by the Immigration and Refugee Protection Regulationswhere he or she could have claimed refugee protection;
- is inadmissible to Canada on grounds of security, human or international rights violations, serious criminality or organized criminality; or if the person
- has already made a refugee protection claim that was:
- determined to be not eligible;
- rejected or determined to be abandoned by the IRB; or
- withdrawn.
How long does it take to get a decision on a refugee protection claim?
- On average, it takes the Refugee Protection Division (RPD) about one year to decide a claim. This is only an average and while some cases are decided within six months, more complex cases can take longer than one year. Many factors can influence the time required to deal with a claim, for example: type of case, complexity, time required for research and preparation, and availability of decision-maker, counsel, and interpreter, etc.
- The RPD measures its processing times for refugee claims by counting from the date when the claim is received from Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA), to when the decision is actually mailed to the claimant (a written notice of decision is always mailed to the claimant, even when a decision is given at the hearing).
Why are most refugee protection hearings private?
- The Immigration and Refugee Protection Act (IRPA) requires that refugee protection proceedings before the Refugee Protection Division (RPD) and other IRB proceedings involving a refugee claimant - for example, detention reviews in the case of claimants detained by the Canada Border Services Agency (CBSA) - be held in private in most cases.
- If a refugee claimant appears before the Immigration Division (ID) or the Immigration Appeal Division (IAD) of the IRB, he or she must apply to have the proceedings conducted in private.
- Private proceedings mean that no information about the claimant or the proceedings can be provided to the public, including information about the claimant's identity, the claimant's Personal Information Form, the decision, or any other documents in the file.
- The proceedings are held in private to protect refugee protection claimants, their families and any other person who might be put at risk by the disclosure of such information.
- A representative of the United Nations High Commissioner for Refugees (UNHCR) is, however, permitted to observe proceedings involving refugee claimants.
What kind of evidence is considered at refugee protection hearings?
- A Refugee Protection Division (RPD) member (decision-maker) can consider any kind of information when deciding a claim for refugee protection, as long as it is relevant to making a decision and it is considered to be credible or trustworthy.
- Evidence considered includes the Personal Information Form completed by the claimant prior to the hearing, notes taken during the claimant's interview by the immigration official at the port of entry, the claimant's oral testimony at the hearing, documentation on country conditions provided by the RPD or by the claimant, as well as identity and travel documents, etc.
How many people are accepted as refugees in Canada?
- Each refugee protection claim is decided individually on its own merits. So the number of Convention refugees or persons in need of protection accepted by the IRB in Canada varies from one year to another.
- In 2005, the IRB accepted more than 12,000 people as Convention refugees or persons in need of protection in Canada.
- The mandate of the Refugee Protection Division (RPD) of the IRB is to determine claims for refugee protection made by people in Canada.
- Citizenship and Immigration Canada (CIC) is responsible for determining refugee claims made by people outside of Canada. For information on that process, please refer to CIC.
- The United Nations High Commissioner for Refugees (UNHCR) also determines refugee claims overseas. For information on that process, please refer to the UNHCR.
Where do most of the refugee claimants appearing before the IRB come from right now?
In 2005, the top five countries of origin for refugee protection claims made in Canada and referred to the IRB were Mexico, China, Colombia, Sri Lanka and India.
Immigration Division
Why are some people detained and what happens after someone is detained?
- The decision to detain someone is made by immigration officials of the Canada Border Services Agency (CBSA).
- The CBSA may detain a foreign national or permanent resident if it has reasonable grounds to believe the person:
- is unlikely to appear for an immigration appointment, hearing or removal;
- is a danger to the public;
- is inadmissible on security grounds or for violating human or international rights, or
- has not established her or his identity to the satisfaction of the CBSA (only applies to foreign nationals, not permanent residents).
- After someone is detained, the CBSA must bring the person before the Immigration Division (ID) of the IRB within 48 hours (or as soon as possible afterwards) to have the reasons for the detention reviewed. Should the ID member (decision-maker) order that detention continues, the next detention review is held within seven days; subsequent detention reviews are held within every 30 days thereafter.
- If the ID member finds that there is no longer reason under the Immigration and Refugee Protection Act (IRPA) to continue detention, the member will order the person released, with or without terms and conditions. Terms may include, for example, posting a security deposit or reporting on a regular basis to a CBSA office.
Why are some people considered inadmissible to Canada?
- The Canada Border Services Agency (CBSA) screens people for admissibility to Canada. Citizenship and Immigration Canada (CIC) may, in a limited number of instances, also screen people for admissibility to Canada.
- Grounds for inadmissibility include:
- failure in some way to comply with Immigration and Refugee Protection Act (IRPA);
- posing a security threat;
- violation of human or international rights;
- involvement in crime or organized crime;
- misrepresentation;
- health conditions (in some cases).
- financial reasons; or
- accompanying an inadmissible family member.
What are the possible outcomes of an admissibility hearing?
- If the Canada Border Services Agency (CBSA) - or, in some cases, Citizenship and Immigration Canada - has reason to believe that someone is inadmissible to Canada, they may ask the Immigration Division (ID) of the IRB to hold an admissibility hearing. Admissibility hearings determine if a person may enter or remain in Canada.
- If the person is not a permanent resident, however, the CBSA may issue a removal order without an IRB admissibility hearing.
- Based on the evidence presented by the CBSA (or CIC) and by the person concerned, the ID member (decision-maker) determines whether or not the allegations are founded.
- If the ID member decides that the allegations are founded, the member issues a removal order for the person concerned.
- If the ID member decides that the allegations are not founded, the member allows the person concerned to enter or remain in Canada.
What is a removal order and what happens after one is issued?
- There are three different types of removal orders.
- Departure order - the person must leave Canada within 30 days after the order comes into effect. Before leaving Canada, the person must notify the Canada Border Services Agency (CBSA) to get a certificate of departure as proof of compliance. If the person does not leave or does not receive the certificate of departure, the departure order automatically becomes a deportation order after 30 days.
- Exclusion order - the person must leave Canada and cannot return for a year (or two, in some cases) without written permission from an immigration officer.
- Deportation order - the person must leave Canada and may never return without written permission from an immigration officer. As well, if the person did not leave voluntarily and the CBSA had to pay the cost of deportation, the person must repay the cost of the deportation before he or she is granted permission to return.
- In all cases, the person must appear before an immigration officer at the port of entry before leaving Canada.
- In some cases, a person can appeal a removal order to the Immigration Appeal Division (IAD) of the IRB. In some cases, the person may apply for leave (permission) to the Federal Court of Canada to review the removal order.
- After a removal order is issued, the case is referred back to the CBSA to be enforced.
Immigration Appeal Division
What kinds of immigration matters can be appealed to the IRB?
What are the grounds for an appeal?
The Immigration Appeal Division (IAD) may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice. In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate consideration in all the circumstances of the case, which includes taking into account the best interests of a child.
How long does it take for an immigration appeal to be decided by the Immigration Appeal Division?
- On average, it takes the Immigration Appeal Division (IAD) about 10 months to decide an immigration appeal. This is only an average - some cases are decided within a shorter time, whereas some cases take longer.
- The processing time counted by the IAD does not include the time from the filing of the appeal to the IAD receiving the record. Under the IAD Rules , the Canada Border Services Agency (CBSA) or the IRB's Immigration Division has 45 days to provide the record in the case of removal order appeals. Citizenship and Immigration Canada (CIC) has 120 days to provide the record in the case of sponsorship and residency obligation appeals.
What is Alternative Dispute Resolution and how does it work?
- Alternative Dispute Resolution (ADR) offers a more informal, less confrontational and more consensual approach such as mediation to settle appeals, particularly (in appropriate cases) sponsorship appeals.
- The ADR process usually involves an in-person meeting - an ADR conference - that is scheduled to last for one hour. A dispute resolution officer (DRO) conducts the ADR conference with the Minister's counsel (representing Citizenship and Immigration Canada) and the appellant and her or his counsel and assists them to agree to a settlement of the appeal.
What happens if someone appeals his or her removal order to the Immigration Appeal Division?
- If the appeal is allowed, the removal order is set aside and the person is permitted to remain in Canada. If the appeal is dismissed, the removal order is upheld and the Canada Border Services Agency (CBSA) then has the power to remove the person from Canada.
- The Immigration Appeal Division (IAD) may stay the removal order under certain conditions. This means that the removal order will not be acted on for a period of time. At any time after a stay is ordered, the IAD may change the conditions, cancel the stay or change its duration. If the IAD cancels the stay, it will then allow or dismiss the appeal.
- Under the Immigration and Refugee Protection Act (IRPA), a stay of a removal order based on criminality will be automatically lifted if the person concerned re-offends or breaks the conditions of the stay. The CBSA may then issue a deportation order to remove the person from Canada without the case returning to the IAD.
What happens when a person appeals a sponsorship refusal?
- The sponsor has 30 days after the refusal to make an appeal to the Immigration Appeal Division (IAD). The appeal will be heard by a member (decision-maker) following the tribunal process. Some sponsorship appeals go through an Alternative Dispute Resolution (ADR) process. A dispute resolution officer (usually a member of the IAD) encourages the parties to resolve the appeal without a full hearing.
- If the appeal is allowed, CIC will resume processing the sponsorship application or it may challenge the decision of the IAD by applying to the Federal Court of Canada for leave for judicial review. It is possible for CIC to refuse the application on other grounds.
- If the appeal is dismissed, the sponsor may apply to the Federal Court of Canada for leave for judicial review.
- The Federal Court will either dismiss the application by CIC or the sponsor or return the case to the IAD for re-hearing.
What happens when a person appeals a Citizenship and Immigration Canada decision regarding the residency obligation?
- The person who is alleged not to have complied with the residency obligation must make the appeal no later than 60 days after receiving the written decision.
- Upon application, the Immigration Appeal Division (IAD) can issue an order that the person must physically appear at the hearing. Once the order is made, a CIC officer will issue a travel document allowing the person to return to Canada for the hearing.
- A member (decision-maker) will hear the appeal following the tribunal process.
- If the appeal regarding the residency obligation is allowed, the IAD will set aside the decision of the officer and the person will not lose permanent resident status. If the appeal is dismissed and the person is in Canada, the person will lose permanent resident status and the IAD will make a removal order.
General
Who can represent someone appearing before the IRB?
- If a fee is being charged for the service, counsel must be a registered immigration consultant or a lawyer. In either case, counsel must be a member in good standing in his or her professional organization. In Quebec, a notary who is a member in good standing of their professional association may also represent an individual before the IRB. If a fee is not being charged, counsel can be any person, including a trusted friend or community member.
- While people appearing before any division of the IRB have the right to be represented by counsel, it is the responsibility of those persons to retain (and pay for) counsel if they wish to be represented.
What happens if someone appearing before the IRB is not represented by counsel?
- While people who appear before the IRB have a right to counsel, either paid (a lawyer or registered immigration consultant) or unpaid (a trusted advisor, family member or any other person), it is the choice and responsibility of the person appearing before the IRB to retain and, pay for, counsel. Some people may appear without counsel and represent themselves.
- The IRB is sensitive to the importance of explaining its processes to people appearing before it who are unrepresented by counsel.
How do you apply for judicial review of an IRB decision?
- The Federal Court of Canada is responsible for carrying out the judicial review of an IRB decision. In fact, the IRB is rarely a party to this process.
- The person concerned, Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) may file an application for leave (permission) for judicial review of an IRB decision. This application must be filed with the Federal Court of Canada within 15 days of being notified of the IRB decision.
- Judicial review is different from an appeal on the merits of the case. Leave is not granted unless the applicant can show, for example, that the decision under review contains an error of law or fact, or that a principle of natural justice or procedural fairness has been breached.
Other
You live outside of Canada and want to emigrate to Canada (or to visit Canada and obtain a visa). Can the IRB help?
Questions of this nature should be directed to Citizenship and Immigration Canada (CIC). You should contact the CIC's representative at the nearest Canadian Embassy, Consulate or Visa Office.
You live in Canada and want information on how to sponsor family members living outside the country. Can the IRB help?
Questions concerning the sponsorship of family members living outside of Canada should be directed to Citizenship and Immigration Canada (CIC). You should contact the CIC's nearest office which you will find in your telephone directory or call them toll-free at 1-888-242-2100.
How do you apply for a public service job?
The Public Service Commission (PSC) is the agency responsible for most of the recruitment from outside the federal public service. The PSC's prime recruitment tools are advertisements issued via the Internet and their automated information line InfoTel. InfoTel is a 24-hour bilingual telephone service which is accessible seven (7) days a week. Through InfoTel, you can learn about the requirements of current and anticipated job openings. To determine if you should forward your application to the PSC at this time, you may wish to call InfoTel in the following regions:
- Calgary Region: (403) 292-4333
- Montreal Region: (514) 283-5776
- National Capital Region: (613) 996-8436
- Toronto Region: (416) 973-4636
- Vancouver Region: (604) 666-0350