November 20, 2009

Notice to Counsel

Postponements and Adjournments

Dear Counsel for the Claimant/Appellant/Person Concerned and the Minister:

This notice to counsel is to seek your cooperation in reducing the incidence of adjournments and postponements in the Immigration and Refugee Board of Canada’s (IRB) proceedings. As you can appreciate, adjournments and postponements undermine the IRB's capacity to manage its workload efficiently at a time when it is already facing a large inventory of cases awaiting a decision. More importantly, unnecessary postponements and adjournments can cause additional stress for clients. We would therefore ask for your consideration of the following:

• Please do your utmost to ensure that all relevant documents and witness information have been filed in accordance with the Division’s Rules and that you are ready to proceed on the scheduled hearing date.
• Where you have advance knowledge of your client’s inability to attend a hearing, you should notify the IRB as soon as possible. Depending on scheduling priorities, the IRB will consider scheduling another of your cases which is ready to proceed in that time slot.
• Clients frequently appear on the scheduled hearing date indicating that their counsel has withdrawn his or her services, usually due to a lack of payment. Conversely, counsel often appears at the hearing only to request a postponement because their services have just been retained. It is expected that you will at all times comply with the Division’s Rules and your own professional code of conduct in your dealings with your clients.
• Finally, any assistance you can provide in helping the panel to conclude the hearing within the allocated time period would be appreciated.

For its own part, the IRB will minimize any adjournments and postponements that are due to factors under its control. Should you have suggestions that you believe would be of further assistance in this regard, please contact a Coordinating Member, the Assistant-Deputy Chairperson or the Director in your region.

Thank you for your cooperation.

Sincerely yours,

Ken Sandhu
Deputy Chairperson
RPD

Shari A. Stein
Deputy Chairperson
IAD

Susan Bibeau
Director General
ID