The Immigration and Refugee Board (IRB) is an independent administrative tribunal responsible for making decisions on immigration and refugee matters in Canada. The IRB is divided into three main divisions: the Refugee Protection Division, the Immigration Division, and the Immigration Appeal Division. Each division has a distinct role in the immigration and refugee process, and they work together to ensure that Canada's immigration and refugee laws are applied fairly and consistently.
The IRB plays a critical role in protecting the rights of refugees and immigrants, while also ensuring the safety and security of Canadian citizens. The board's decisions are guided by the Immigration and Refugee Protection Act (IRPA) and the Canadian Charter of Rights and Freedoms. The IRB's mandate is to make decisions that are fair, transparent, and in accordance with the law. To achieve this, the board relies on a team of experienced and knowledgeable members who are appointed by the Governor in Council.
Key Points
- The Immigration and Refugee Board is an independent administrative tribunal responsible for making decisions on immigration and refugee matters in Canada.
- The IRB is divided into three main divisions: the Refugee Protection Division, the Immigration Division, and the Immigration Appeal Division.
- The IRB's decisions are guided by the Immigration and Refugee Protection Act (IRPA) and the Canadian Charter of Rights and Freedoms.
- The IRB's mandate is to make decisions that are fair, transparent, and in accordance with the law.
- The IRB relies on a team of experienced and knowledgeable members who are appointed by the Governor in Council.
Refugee Protection Division
The Refugee Protection Division (RPD) is responsible for determining whether a person is a refugee or a person in need of protection. The RPD hears claims from individuals who are seeking protection in Canada due to a fear of persecution or harm in their home country. The division’s members are trained to assess the credibility of claimants and to evaluate the risk of harm they may face if returned to their home country.
The RPD's decision-making process involves a thorough examination of the claimant's application, including their personal story, documentation, and other relevant evidence. The division's members also consider country conditions, human rights reports, and other relevant information to make an informed decision. In 2020, the RPD received 64,673 new claims, and the acceptance rate was 53.4%. The RPD's decisions can be appealed to the Refugee Appeal Division (RAD) if the claimant or the Minister of Immigration, Refugees and Citizenship disagrees with the decision.
Immigration Division
The Immigration Division (ID) is responsible for conducting admissibility hearings and detention reviews for individuals who are alleged to be inadmissible to Canada. The ID’s mandate is to determine whether an individual poses a risk to the safety and security of Canadian citizens or is otherwise inadmissible to Canada.
The ID's decision-making process involves a thorough examination of the individual's file, including their immigration history, criminal record, and other relevant information. The division's members also consider the individual's testimony and any other relevant evidence to make an informed decision. In 2020, the ID conducted 12,456 admissibility hearings, and 73.2% of the individuals were found to be inadmissible to Canada.
| Category | 2018 | 2019 | 2020 |
|---|---|---|---|
| New Claims | 55,712 | 63,830 | 64,673 |
| Acceptance Rate | 51.4% | 52.5% | 53.4% |
| Admissibility Hearings | 10,321 | 11,654 | 12,456 |
| Inadmissibility Rate | 70.5% | 72.1% | 73.2% |
Immigration Appeal Division
The Immigration Appeal Division (IAD) is responsible for hearing appeals from individuals who have been found inadmissible to Canada or whose applications for permanent residence have been rejected. The IAD’s mandate is to review the decision made by the Immigration Division or the Refugee Protection Division and to determine whether the decision was reasonable and in accordance with the law.
The IAD's decision-making process involves a thorough examination of the individual's file, including their immigration history, application, and any relevant evidence. The division's members also consider the individual's testimony and any other relevant information to make an informed decision. In 2020, the IAD received 14,321 new appeals, and the acceptance rate was 44.7%. The IAD's decisions can be judicially reviewed by the Federal Court of Canada if the individual or the Minister of Immigration, Refugees and Citizenship disagrees with the decision.
Challenges and Opportunities
The Immigration and Refugee Board faces several challenges and opportunities in its role as an independent administrative tribunal. One of the main challenges is the increasing number of claims and appeals, which can put a strain on the board’s resources and lead to delays in the decision-making process. Another challenge is the complexity of immigration and refugee law, which requires the board’s members to have a deep understanding of the law and its application.
Despite these challenges, the IRB has several opportunities to improve its processes and decision-making. One opportunity is the use of technology to streamline the decision-making process and improve efficiency. Another opportunity is the development of new policies and procedures to address emerging issues and trends in immigration and refugee law.
What is the role of the Immigration and Refugee Board?
+The Immigration and Refugee Board is an independent administrative tribunal responsible for making decisions on immigration and refugee matters in Canada.
How does the Refugee Protection Division make its decisions?
+The Refugee Protection Division makes its decisions based on a thorough examination of the claimant's application, including their personal story, documentation, and other relevant evidence.
What is the role of the Immigration Appeal Division?
+The Immigration Appeal Division is responsible for hearing appeals from individuals who have been found inadmissible to Canada or whose applications for permanent residence have been rejected.
In conclusion, the Immigration and Refugee Board plays a critical role in protecting the rights of refugees and immigrants, while also ensuring the safety and security of Canadian citizens. The board’s decisions are guided by the Immigration and Refugee Protection Act (IRPA) and the Canadian Charter of Rights and Freedoms, and are made by experienced and knowledgeable members who are appointed by the Governor in Council. As the board continues to evolve and adapt to emerging issues and trends in immigration and refugee law, it is essential that it remains committed to its mandate of making decisions that are fair, transparent, and in accordance with the law.
