The Immigration and Refugee Board of Canada (IRB; French: Commission de l’immigration et du statut de réfugié du Canada) is Canada’s independent, quasi-judicial tribunal that makes decisions on immigration and refugee matters under the Immigration and Refugee Protection Act (IRPA). The IRB conducts fair, efficient hearings and appeals, issues reasoned decisions, and publishes guidance to promote consistency across its divisions.
| Type | Independent administrative tribunal (quasi-judicial) |
|---|---|
| Legal framework | Immigration and Refugee Protection Act (IRPA) • IRB Rules (RPD/RAD/ID/IAD) • Charter & administrative law (natural justice) |
| Divisions | RPD (Refugee Protection) • RAD (Refugee Appeal) • ID (Immigration) • IAD (Immigration Appeal) |
| Languages & access | English & French; interpreters available; accommodations for vulnerable persons; remote/in-person hearings |
| Headquarters / sites | National HQ in Ottawa–Gatineau; major regional offices (e.g., Toronto, Montréal, Vancouver, Calgary) |
| Official site | irb-cisr.gc.ca |
Mandate and independence
The IRB is arm’s-length from government departments that make or enforce immigration decisions. It applies the law to the facts in individual cases, ensuring due process, open justice (subject to privacy in sensitive matters), and accessible proceedings.
Divisions and what they decide
- Refugee Protection Division (RPD)
Decides claims for refugee protection made in Canada (Convention refugee or person in need of protection). It considers testimony, documentary evidence, and country conditions and issues oral or written reasons.
- Refugee Appeal Division (RAD)
Hears appeals from most RPD decisions on the record, with the ability to substitute a decision or return a case for a new hearing. New evidence may be considered in limited circumstances.
- Immigration Division (ID)
Conducts admissibility hearings (e.g., serious criminality, misrepresentation, security, organized crime, health) and detention reviews. Detention reviews occur promptly: an initial review within 48 hours of detention (or as soon as practicable), then within 7 days, and at least every 30 days thereafter.
- Immigration Appeal Division (IAD)
Hears appeals by sponsors (family-class refusals), certain removal orders, and residency-obligation determinations for permanent residents. Can allow an appeal in law or on equitable grounds (H&C) and may resolve cases through Alternative Dispute Resolution (ADR).
Hearings: process and fairness
- Notice & disclosure: Parties receive notice of hearing and deadlines for evidence disclosure.
- Representation: Claimants and appellants may be represented by counsel (lawyers or regulated immigration consultants) or self-represent; designated representatives are appointed for minors or those unable to appreciate the nature of proceedings.
- Interpreters & accommodations: Provided where needed; the Board applies Chairperson’s Guidelines (e.g., on vulnerable persons, gender considerations, and children).
- Evidence: Oral testimony, documents, expert opinions, and official National Documentation Packages (NDPs) on country conditions.
- Reasons & publication: Decisions include reasons; selected decisions are published with anonymity safeguards where required.
After a decision
- RAD outcomes may confirm, vary, or set aside RPD decisions.
- IAD outcomes may allow or dismiss; stays of removal can be imposed with conditions.
- Judicial review of IRB decisions may be sought at the Federal Court (leave required), which can set aside and remit a matter for redetermination.
Service delivery
Proceedings may be in person or by secure video/teleconference. The IRB provides practice notices, forms, rules, and guidance online; parties can file electronically where enabled.
See also
- Immigration, Refugees and Citizenship Canada • Canada Border Services Agency • Federal Court of Canada
- Public safety in Canada • Global Affairs Canada
External links (official)
- Immigration and Refugee Board of Canada — Home: https://irb-cisr.gc.ca/