Immigration Appeal for Canada
The Immigration Appeal Division (IAD) hears appeals on immigration-related matters, including sponsorships, removal orders and residency obligations.
Act
The Immigration and Refugee Protection Act (IRPA) provides the Immigration and Refugee Board of Canada (IRB) with jurisdiction to hear and decide cases on immigration and refugee matters. The IRPA sets out the core principles and concepts that govern Canada’s immigration and refugee protection programs, including provisions relating to refugees, sponsorships and removals, detention reviews and admissibility hearings, and the jurisdiction and powers of tribunals.
The IRPA came into force on June 28, 2002.
On December 15, 2012, Canada’s refugee determination system underwent significant changes as a result of the coming into force of amendments to the IRPA from the Balanced Refugee Reform Act and the Protecting Canada’s Immigration System Act, as well as related accompanying regulations.
Regulations
The Immigration and Refugee Protection Regulations relate to temporary foreign workers, students, the examination of persons seeking entry, permanent resident cards, residency obligations, family class, the selection of skilled workers and business immigrants, refugees, humanitarian and compassionate considerations, inadmissibility, detention and release, pre-removal risk assessments and other enforcement-related matters. These regulations, which came into force on June 28, 2002, have since been amended.
One significant amendment is the Regulations Amending the Immigration and Refugee Protection Regulations, which set processing time limits for refugee protection claims at the Refugee Protection Division. These regulations came into force on December 15, 2012.
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting With Canadians websites.
IRB rules
Each set of divisional rules establishes the practices and required procedures for that division. The rules of each division are binding, although certain rules expressly grant discretion.
Rules provide direction to decision-makers and serve to direct users of the tribunals in their presentation of cases before the IRB. Subsection 161(1) of the IRPA, provides statutory authority for the rules.
The Immigration Appeal Division Rules and the Immigration Division Rules came into force on June 28, 2002.
- Immigration Appeal Division Rules
(Commentaries to the Immigration Appeal Division Rules) - Immigration Division Rules
The current versions of the Refugee Appeal Division Rules and the Refugee Protection Division Rules came into force on December 15, 2012.
- Refugee Appeal Division Rules
- Refugee Protection Division Rules
- Regulatory Impact Analysis Statement (RIAS)
The IRPA provides that the Chairperson and other members of the Board must swear the oath or give the solemn affirmation of office set out in the rules of the Board.
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.
Policy making in the Immigration and Refugee Board of Canada
The scope and scale of the task the IRB has in adjudicating a diverse range of immigration and refugee matters in four Divisions means that the Board cannot rely solely on the guidance that legislation and judicial decisions provide. The Immigration and Refugee Protection Act and Regulations provide general guidance, but leave much latitude for interpretation. Judicial guidance is also limited: IRB decisions are subject to judicial review by the Federal Court, but only with leave and the judicial review process does not resolve every ambiguity or gap in law or practice. Where it considers advisable, the IRB seeks to fill this gap through mechanisms it has generated to improve the quality of the justice it delivers. Its efforts in this regard constitute policy-making.
In order to make the immigration appeal process simpler, faster and more efficient, the Immigration Appeal Division (IAD) has implemented or is testing new ways of doing business.
Contact
- 800 - 15355 24th Ave Surrey British Columbia - V4A 2H9
- +1(604)616-0011
- arvin@universalsightsimmigration.com
