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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 07:24, 23 August 2023
, 07:24, 23 August 2023no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 23, 2023}} | ||
{{LSLAP Manual TOC|expanded = immigration}} | {{LSLAP Manual TOC|expanded = immigration}} | ||
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 | 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. | ||
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. | ||