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[rev_slider_vc alias=”hearings”]

HEARINGS

The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal, responsible for making well-rounded and fair decisions on immigration and refugee matters, governed under the Immigration and Refugee Protection Act (IRPA). In addition, the IRB currently consists of four different divisions:

  • Immigration Division (ID)
  • Immigration Appeals Division (IAD)
  • Refugee Protection Division (RPD)
  • Refugee Appeals Division (RAD)

Each division of the IRB is responsible for making decisions on different immigration or refugee matters. Furthermore, each set of divisional rules establishes the practices and required procedures for that particular division. The process of the IRB is flexible and may take many forms as long as it ensures well-reasoned, efficient and fair decisions. The IRB tribunal process is based on Canadian law, Canada’s international obligations and Canada’s humanitarian traditions.

DESIGNATED REPRESENTATIVE

In some cases, a division of the IRB may appoint a designated representative who will be responsible for protecting the interests of the minor or the person who is unable to appreciate the nature of the proceedings. In both cases, a designated representative can be a family member, a legal guardian, a friend, or a worker from an agency that provide such services.

In order to be designated as a representative, a person must:

  • Be 18 years of age or older
  • Understand the nature of the proceedings before the IRB
  • Be willing and able to act in the best interests of the minor or the person who is unable to appreciate the nature of the proceedings, and
  • Not have interests that conflict with those of the person you represent

Responsibilities of the designated representative may vary, depending on the level of understanding of the minor or the person who is unable to appreciate the nature of the proceedings.

Note: The division must designate a representative even when the minor or the person who is unable to appreciate the nature of the proceedings has legal or other counsel.

HIRING A COUNSEL

The process of applying for refugee status is a serious matter. As a claimant, an individual has to explain himself and supply evidence in order to demonstrate that the story he/she is telling is true. It is not required to hire a counsel; a person may represent his/her interests by himself/herself. However, it is strongly recommended to contact someone who could help to present a case at the hearing to the IRB.

A counsel may be:

  • A member in good standing of a provincial law society (lawyer or paralegal, in a province that allows paralegals to be members of the law society)
  • A member in good standing of the Chambre des notaires du Québec; or
  • An immigration consultant who is a member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC).

Only these counsels can represent person’s interests at the RPD and charge a certain fee.

Note: If a person hires a counsel, he/she must ensure that the counsel will be available for the date and time shown on the Notice to Appear for a hearing. Furthermore, an individual must immediately give counsel’s contact information in writing to the RPD and also to IRCC or to the CBSA.

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REFUGEE APPEALS DIVISION

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