IRB APPEAL and Hearing

Important Notice: Restricted Practice Before the IRB for RCICs

Effective July 1, 2023: Practice before the IRB has become a restricted area of practice . Only Regulated Canadian Immigration Consultants (RCICs) with an RCIC-IRB class of license are authorized to practice before the IRB.

Immigration and Refugee Board of Canada - IRB

The Immigration and Refugee Board of Canada (IRB) is Canada's largest independent administrative tribunal. It is responsible for making fair, effective, and lawful decisions on immigration and refugee matters.

The IRB independently and fairly decides on immigration and refugee issues. Each year, thousands of refugees come to Canada seeking protection, and the IRB is responsible for determining who qualifies as a "Convention refugee" or genuinely "in need of protection."

The IRB consists of four independent divisions:

ID: Immigration Division
IAD: Immigration Appeal Division
RPD: Refugee Protection Division
RAD: Refugee Appeal Division

Immigration Division (ID) - Detention and Admissibility Hearings

The role of the Canada Border Services Agency (CBSA) is to manage and control Canada's borders, ensuring border security. It is responsible for detaining individuals who do not have the right to enter or stay in Canada and facilitating their removal.

1. Detention Review Hearings:

If you are a permanent resident or a foreign national, you have the right to attend an independent hearing to review the reasons for your detention.

2. Admissibility Hearings:

Through a hearing, the Immigration and Refugee Board (IRB) will determine whether to allow you to enter or remain in Canada or whether you must leave Canada.

Immigration Appeal Division (IAD) - Appeals on Immigration Matters

The Immigration Appeal Division (IAD) handles appeals related to immigration matters, including sponsorship, removal orders, and residency obligations.

I have sponsored a family member, and their application for permanent residency was denied.
I received a removal order from immigration authorities after a hearing or examination by immigration officials.
My application for a permanent resident travel document was rejected when I applied at an overseas visa office.
I received a decision from immigration authorities allowing me to stay in Canada, but I have discovered that the Minister has appealed this decision.

Refugee Protection Division (RPD) - Refugee Claim

The Refugee Protection Division (RPD) arranges asylum application hearings based on where you submitted your refugee claim, whether it was at a port of entry or after entry into Canada.

Refugee Appeal Division (RAD) - Refugee Appeal

If you disagree with a negative decision on your refugee application and wish to appeal, you may appeal to the RAD under specific conditions.

Alternatively, if you have been granted refugee protection by the RPD but the Minister is appealing this decision, you have the right to respond to the appeal and submit documents.