Immigration and Refugee Board (18:VII) - Revision history

LSLAP at 19:35, 13 October 2025

2025-10-13T19:35:43Z

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LSLAP: /* D. Refugee Appeal Division */

2025-10-01T02:49:55Z

D. Refugee Appeal Division

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	== D. Refugee Appeal Division ==		== D. Refugee Appeal Division ==

	The Refugee Appeal Division (RAD) is an appeal division for some failed Convention refugee claimants, established by the ''IRPA''. Under ''IRPA'' s 110, only some refugee claimants have access to RAD. Designated foreign nationals, those whose claims are deemed to be “manifestly unfounded” or to have “no credible basis” and those whose claims are considered under an exception to the Safe Third Country agreement have no right of appeal to the RAD. All other claimants have 15 days after receiving written notice to submit an appeal to RAD. The appeal is largely be paper-based; hearings are only held in exceptional cases.		The Refugee Appeal Division (RAD) is an appeal division for some failed Convention refugee claimants, established by the ''IRPA''. Under ''IRPA'' s 110, only some refugee claimants have access to RAD. Designated foreign nationals, those whose claims are deemed to be “manifestly unfounded” or to have “no credible basis” and those whose claims are considered under an exception to the Safe Third Country agreement have no right of appeal to the RAD. All other claimants have 15 days after receiving written notice to submit an appeal to RAD. The appeal is largely paper-based; hearings are only held in exceptional cases.


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LSLAP: /* A. Immigration Division */

2025-10-01T02:44:57Z

A. Immigration Division

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	If a foreign national or permanent resident is “detained” under the ''IRPA'', that person is entitled to a detention review before the Immigration Division. The adjudicator is called the “Presiding Member,” and a CSBA officer called “Minister’s Counsel” (representing the Minister for Public Safety) presents the case to detain the person concerned, unless an alternative to detention exists.		If a foreign national or permanent resident is “detained” under the ''IRPA'', that person is entitled to a detention review before the Immigration Division. The adjudicator is called the “Presiding Member,” and a CSBA officer called “Minister’s Counsel” (representing the Minister for Public Safety) presents the case to detain the person concerned, unless an alternative to detention exists.

	A person arrested under the ''IRPA'' provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, ~~he or she receives~~ another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until ~~he or she is~~ either removed or released.		A person arrested under the IRPA provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, they receive another detention review in 7 days, then again in 30 days, then again, every 30 days thereafter until they are either removed or released.

	To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for their detention review hearing (see ''IRPA'', s 55 and ''IRP Regulations'' ss 244 to 250).		To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for their detention review hearing (see ''IRPA'', s 55 and ''IRP Regulations'' ss 244 to 250).

LSLAP at 23:20, 18 September 2025

2025-09-18T23:20:20Z

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	== B. Immigration Appeal Division ==		== B. Immigration Appeal Division ==

	The Immigration Appeal Division (~~“IAD”~~) hears appeals from the Immigration Division, and some decisions from visa officers and immigration officers. The three most common types of appeals are as follows:		The Immigration Appeal Division (IAD) hears appeals from the Immigration Division, and some decisions from visa officers and immigration officers. The three most common types of appeals are as follows:

	:(a) permanent residents who have been determined inadmissible by the Immigration Division for serious criminality;		:(a) permanent residents who have been determined inadmissible by the Immigration Division for serious criminality;
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	== C. Refugee Protection Division ==		== C. Refugee Protection Division ==

	The Refugee Protection Division (~~“RPD”~~) deals exclusively with determining claims for Convention refugee protection. The RPD also deals to a lesser extent with “vacation hearings,” i.e. hearings where an allegation is made that Convention refugee protection should be taken away from someone.		The Refugee Protection Division (RPD) deals exclusively with determining claims for Convention refugee protection. The RPD also deals to a lesser extent with “vacation hearings,” i.e. hearings where an allegation is made that Convention refugee protection should be taken away from someone.

	== D. Refugee Appeal Division ==		== D. Refugee Appeal Division ==

	The Refugee Appeal Division (~~“RAD”~~) is an appeal division for some failed Convention refugee claimants, established by the ''IRPA''. Under ''IRPA'' s 110, only some refugee claimants have access to RAD. Designated foreign nationals, those whose claims are deemed to be “manifestly unfounded” or to have “no credible basis” and those whose claims are considered under an exception to the Safe Third Country agreement have no right of appeal to the RAD. All other claimants have 15 days after receiving written notice to submit an appeal to RAD. The appeal is largely be paper-based; hearings are only held in exceptional cases.		The Refugee Appeal Division (RAD) is an appeal division for some failed Convention refugee claimants, established by the ''IRPA''. Under ''IRPA'' s 110, only some refugee claimants have access to RAD. Designated foreign nationals, those whose claims are deemed to be “manifestly unfounded” or to have “no credible basis” and those whose claims are considered under an exception to the Safe Third Country agreement have no right of appeal to the RAD. All other claimants have 15 days after receiving written notice to submit an appeal to RAD. The appeal is largely be paper-based; hearings are only held in exceptional cases.


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LSLAP at 17:29, 7 August 2024

2024-08-07T17:29:18Z

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LSLAP at 23:56, 5 August 2024

2024-08-05T23:56:34Z

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	A person arrested under the ''IRPA'' provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, he or she receives another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until he or she is either removed or released.		A person arrested under the ''IRPA'' provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, he or she receives another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until he or she is either removed or released.

	To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for ~~his or her~~ detention review hearing (see IRPA, s. 55 and ''IRP Regulations'' ss. 244 to 250).		To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for their detention review hearing (see ''IRPA'', s 55 and ''IRP Regulations'' ss 244 to 250).

	=== 2. Admissibility Hearings ===		=== 2. Admissibility Hearings ===
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	:(c) permanent residents determined inadmissible for not having met the “residency requirements”.		:(c) permanent residents determined inadmissible for not having met the “residency requirements”.

	The IAD is a court of competent jurisdiction. Charter issues can be raised. ~~Also, the~~ IAD, in most circumstances, can deal with issues of equity. For example, if a permanent resident is “lawfully” determined inadmissible by the Immigration Division for having committed criminal acts in Canada and lawfully given a deportation order, the IAD can allow an appeal ~~because there are~~ sufficient “humanitarian and compassionate” grounds warranting relief. [[Immigration_Appeals_(18:XI)\|See Section XI: Appeals]].		The IAD is a court of competent jurisdiction. Charter issues can be raised. The IAD, in most circumstances, can deal with issues of equity. For example, if a permanent resident is “lawfully” determined inadmissible by the Immigration Division for having committed criminal acts in Canada and lawfully given a deportation order, the IAD can allow an appeal on sufficient “humanitarian and compassionate” grounds warranting relief. [[Immigration_Appeals_(18:XI)\|See Section XI: Appeals]].

	== C. Refugee Protection Division ==		== C. Refugee Protection Division ==
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	== D. Refugee Appeal Division ==		== D. Refugee Appeal Division ==

	The Refugee Appeal Division (“RAD”) is an appeal division for some failed Convention refugee claimants, established by the IRPA. Under s.110, ~~the IRPA provision that actually permits an appeal to be made to the RAD,~~ only some refugee claimants ~~will~~ have access to RAD. Designated foreign nationals, those whose claims are deemed to be “manifestly unfounded” or to have “no credible basis” and those whose claims are considered under an exception to the Safe Third Country agreement ~~will~~ have no right of appeal to the RAD. All other claimants have 15 days to submit an appeal to RAD. The appeal ~~will~~ largely be paper-based; hearings ~~will be~~ held ~~only~~ in exceptional cases.		The Refugee Appeal Division (“RAD”) is an appeal division for some failed Convention refugee claimants, established by the ''IRPA''. Under ''IRPA'' s 110, only some refugee claimants have access to RAD. Designated foreign nationals, those whose claims are deemed to be “manifestly unfounded” or to have “no credible basis” and those whose claims are considered under an exception to the Safe Third Country agreement have no right of appeal to the RAD. All other claimants have 15 days after receiving written notice to submit an appeal to RAD. The appeal is largely be paper-based; hearings are only held in exceptional cases.


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Clicklaw Editor at 19:56, 5 September 2023

2023-09-05T19:56:34Z

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LSLAP at 07:24, 23 August 2023

2023-08-23T07:24:32Z

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	The Immigration and Refugee Board (the “IRB”) is made up of four tribunals with distinct jurisdictions. In Vancouver, the active divisions of the IRB are located at 300 West Georgia Street, Vancouver, British Columbia on the 16th, 17th and 18th floors.		The Immigration and Refugee Board of Canada (the “IRB”) is made up of four tribunals with distinct jurisdictions. In Vancouver, the active divisions of the IRB are located at 300 West Georgia Street, Vancouver, British Columbia on the 16th, 17th and 18th floors.

	== A. Immigration Division ==		== A. Immigration Division ==
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	=== 1. Detention Reviews ===		=== 1. Detention Reviews ===

	If a foreign national or permanent resident is “detained” under the IRPA, that person is entitled to a detention review before the Immigration Division. The adjudicator is called the “Presiding Member,” and a CSBA officer called “Minister’s Counsel” (representing the Minister for Public Safety) presents the case to detain the person concerned, unless an alternative to detention exists.		If a foreign national or permanent resident is “detained” under the ''IRPA'', that person is entitled to a detention review before the Immigration Division. The adjudicator is called the “Presiding Member,” and a CSBA officer called “Minister’s Counsel” (representing the Minister for Public Safety) presents the case to detain the person concerned, unless an alternative to detention exists.

	A person arrested under the IRPA provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, he or she receives another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until he or she is either removed or released.		A person arrested under the ''IRPA'' provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, he or she receives another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until he or she is either removed or released.

	To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for his or her detention review hearing (see IRPA, s. 55 and ''IRP Regulations'' ss. 244 to 250).		To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for his or her detention review hearing (see IRPA, s. 55 and ''IRP Regulations'' ss. 244 to 250).
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	=== 2. Admissibility Hearings ===		=== 2. Admissibility Hearings ===

	If an immigration officer alleges a foreign national or permanent resident of Canada is “inadmissible” under a provision of the IRPA, the Immigration Division conducts admissibility ~~hearings~~ to determine whether or not the allegation is founded.		If an immigration officer alleges a foreign national or permanent resident of Canada is “inadmissible” under a provision of the IRPA, the Immigration Division conducts an admissibility hearing to determine whether or not the allegation is founded.

	:'''NOTE:''' There are exceptions where an immigration officer can determine inadmissibility without redress to the Immigration Division. For inadmissibility provisions, please refer to Division 4 of the IRPA.		:'''NOTE:''' There are exceptions where an immigration officer can determine inadmissibility without redress to the Immigration Division. For inadmissibility provisions, please refer to Division 4 of the IRPA.

	~~The~~ hearings are conducted as adversarial tribunals. Persons subject to such a hearing may represent themselves, or they may choose to retain counsel. It is always preferable for such persons to retain counsel.		These hearings are conducted as adversarial tribunals. Persons subject to such a hearing may represent themselves, or they may choose to retain counsel. It is always preferable for such persons to retain counsel.

	If a person is found inadmissible, a removal order will be issued. A determination of inadmissibility can be appealed to the Immigration Appeal Division in certain cases. The Minister can also appeal in some circumstances. Only permanent residents or Convention refugees can appeal, with very few exceptions. Foreign nationals who are not Convention refugees, generally, cannot appeal the removal order to the IAD, but can apply for judicial review or a stay from Federal Court.		If a person is found inadmissible, a removal order will be issued. A determination of inadmissibility can be appealed to the Immigration Appeal Division in certain cases. The Minister can also appeal in some circumstances. Only permanent residents or Convention refugees can appeal, with very few exceptions. Foreign nationals who are not Convention refugees, generally, cannot appeal the removal order to the IAD, but can apply for judicial review or a stay from Federal Court.

Clicklaw Editor: /* B. Immigration Appeal Division */

2022-10-15T02:18:19Z

B. Immigration Appeal Division

← Older revision		Revision as of 02:18, 15 October 2022
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	:(c) permanent residents determined inadmissible for not having met the “residency requirements”.		:(c) permanent residents determined inadmissible for not having met the “residency requirements”.

	The IAD is a court of competent jurisdiction. Charter issues can be raised. Also, the IAD, in most circumstances, can deal with issues of equity. For example, if a permanent resident is “lawfully” determined inadmissible by the Immigration Division for having committed criminal acts in Canada and lawfully given a deportation order, the IAD can allow an appeal because there are sufficient “humanitarian and compassionate” grounds warranting relief. ~~See~~ [[~~Immigration Appeals~~ (18:IX) \| Section XI: Appeals]].		The IAD is a court of competent jurisdiction. Charter issues can be raised. Also, the IAD, in most circumstances, can deal with issues of equity. For example, if a permanent resident is “lawfully” determined inadmissible by the Immigration Division for having committed criminal acts in Canada and lawfully given a deportation order, the IAD can allow an appeal because there are sufficient “humanitarian and compassionate” grounds warranting relief. [[Immigration_Appeals_(18:XI)\|See Section XI: Appeals]].

	== C. Refugee Protection Division ==		== C. Refugee Protection Division ==

Clicklaw Editor: /* 1. Detention Reviews */

2022-10-15T02:16:58Z

1. Detention Reviews

← Older revision		Revision as of 02:16, 15 October 2022
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	A person arrested under the IRPA provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, he or she receives another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until he or she is either removed or released.		A person arrested under the IRPA provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, he or she receives another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until he or she is either removed or released.

	To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for his or her detention review hearing (see IRPA, s 55 and ''IRP Regulations'' 244 to 250).		To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for his or her detention review hearing (see IRPA, s. 55 and ''IRP Regulations'' ss. 244 to 250).

	=== 2. Admissibility Hearings ===		=== 2. Admissibility Hearings ===