Difference between revisions of "Immigration and Refugee Board (18:VII)"
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{{REVIEWED LSLAP | date= July 29, 2022}} | |||
{{REVIEWED LSLAP | date= July | |||
{{LSLAP Manual TOC|expanded = immigration}} | {{LSLAP Manual TOC|expanded = immigration}} | ||
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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 admissibility hearings 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. | 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. | ||
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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 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. | ||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||