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Difference between revisions of "Immigration and Refugee Board (18:VII)"
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Immigration and Refugee Board (18:VII) (view source)
Revision as of 04:40, 29 June 2016
, 04:40, 29 June 2016→B. Immigration Appeal Division
Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = immigration}} The Immigration and Refugee Board (the “IRB”) is made up of four tribunals with distinct jurisdictions. In Vancouver, the acti...") |
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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: (i) permanent residents who have been determined inadmissible by the Immigration Division for serious criminality; (ii) Canadian citizens or permanent residents appealing a negative decision on a sponsorship application under the family class; and (iii) permanent residents determined inadmissible for not having met the “residency requirements”. | 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: (i) permanent residents who have been determined inadmissible by the Immigration Division for serious criminality; (ii) Canadian citizens or permanent residents appealing a negative decision on a sponsorship application under the family class; and (iii) 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 [[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. See [[Immigration Appeals (18:X) | Section XI: Appeals]]. | ||
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. | |||
== 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. Those from designated countries of origin (DCOs), 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 will have 15 days to submit an appeal to RAD. The appeal will largely be paper-based; hearings will be held only in exceptional cases. | |||