Immigration and Refugee Board of Canada
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Established in 1989, the Immigration and Refugee Board of Canada (commonly referred to as Immigration and Refugee Board or simply the IRB), is an independent administrative tribunal that is responsible for making well-rounded and fair decisions on immigration and refugee matters, efficiently and fairly, and in accordance with the law. Established by an Act of Parliament, the IRB decides on refugee applications made by individuals who land in Canada and make an asylum claim to be in need of protection.
- 1 Immigration and Refugee Protection Act, regulations, and rules
- 2 Divisions of the board
- 3 Chair
- 4 See also
- 5 References
- 6 External links
Immigration and Refugee Protection Act, regulations, and rules
Matters are governed under the Immigration and Refugee Protection Act. In addition, there are the "Immigration and Refugee Protection Regulations", the "Immigration Division Rules", the "Immigration Appeals Division Rules", and the "Refugee Protection Division Rules".
Divisions of the board
The IRB consists of four divisions: Immigration, Immigration Appeals, Refugee Protection, and Refugee Appeals.
The Immigration Division (ID) consists of two main functions: to conduct admissibility hearings and detention reviews.
If Canada Border Services Agency (CBSA) believes an individual has not followed or contravens the Act, they will ask the IRB to conduct an admissibility hearing, which will determine if the individual remain or enter Canada.
If an individual is detained or held for immigration purposes, the Immigration Division will conduct detention reviews. Detention reviews are done within certain time frames, set forth by the Act. A Member of the Immigration Division will determine if an individual shall be released from detention; releases can also be done by CBSA.
Immigration Appeals Division
The Immigration Appeals Division (IAD) hears appeals of immigration matters. These immigration matters are related to: sponsorships, removal orders, residency obligations or appeals made by (on behalf) of the Minister.
Refugee Protection Division
These Refugee Protection Division (RPD) decisions are determined for individuals residing in Canada. If the individual is residing outside of Canada, Citizenship and Immigration Canada will make the decision.
Refugee Appeals Division
The Refugee Appeals Division (RAD) hears appeals of refugee matters.
The IRB will grant protection to an individual who is a convention refugee or a person in need of protection.
A convention refugee is an individual that has a well-founded fear of persecution based on:
- Nationality ;
- Political opinion; or
- Membership in a particular social group.
Canada is a signatory to the following United Nations conventions
- 1951 Convention Relating to the Status of Refugees.
- 1967 Protocol Relating to the Status of Refugees.
- 1984 Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
How to make a claim
A claim for refugee protection can be made inland (CIC or CBSA office) or at a Port of Entry (Airport, border crossing).
A claim is not eligible if an individual has/is:
- already been granted refugee protection in Canada or in another country;
- previously been refused refugee protection in Canada;
- come to Canada from or through a designated safe third country and in which a claim for protection was sought; or
- a security or public safety risk, have violated human or international rights, serious criminality, or have been involved in organized crime.
The Chairperson of the board is Mario Dion, who was appointed to the position January 1, 2015. Past Chairs:
- Brian Goodman (2007-2013)
- Jean-Guy Fleury (2002-2007)
- Peter Showler (1999-2002)
- Nurjehan Mawani (1992-1999)
- Gordon Fairweather (1989-1992)
- "IRB head Mario Dion nominated to replace Mary Dawson as federal ethics commissioner". National Post. December 11, 2017. Retrieved December 12, 2017.
- "Biographies". Immigration and Refugee Board of Canada. Retrieved December 12, 2017.