IRB Guidelines and Procedures Quiz

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Questions and Answers

What is the primary purpose of the Chairperson's Guideline?

To explain the IRB's hearing process and participant expectations. (correct)

To detail the history of the Immigration and Refugee Protection Act.

To provide a summary of recent immigration laws.

To outline the punishments for immigration violations.

When was the Chairperson's Guideline originally issued?

December 1, 2003 (correct)

April 1, 2010

March 15, 2012

January 1, 2005

What distinguishes the IRB from traditional courts?

IRB operates exclusively online.

IRB is less formal and more expeditious. (correct)

IRB only handles domestic cases.

IRB is a part of the federal court system.

Which Act introduced strict timelines for the RPD to hear refugee claims?

Balanced Refugee Reform Act Signup and view all the answers

What does 'counsel' refer to in the context of the IRB?

Legal representatives for both the subject and the Minister. Signup and view all the answers

How do the Chairperson's Guidelines relate to the rules of each division?

They are intended to be read in conjunction with them. Signup and view all the answers

What is a key principle the IRB must adhere to in its procedures?

Following principles of natural justice and fairness. Signup and view all the answers

What change was made to the IRB in relation to the Refugee Appeal Division (RAD)?

It was added as a new division to the IRB. Signup and view all the answers

What may a Division determine if an applicant is in default during proceedings?

The proceeding has been abandoned. Signup and view all the answers

Under which subsection of IRPA is abandonment of proceeding addressed?

Subsection 168(1) Signup and view all the answers

Which case references the opinion of a Division regarding abandonment of proceedings?

Prassad v. Minister of Employment and Immigration Signup and view all the answers

What does the IRB state about submissions regarding technical issues?

Submissions are anonymous. Signup and view all the answers

What is the focus of the plan mentioned in the content?

To identify and remove barriers to accessibility. Signup and view all the answers

What is the IRB's course of action if counsel does not appear?

To proceed without counsel or start abandonment proceedings. Signup and view all the answers

What must accompany an application to reschedule a proceeding for medical reasons?

A medical certificate outlining the party's condition. Signup and view all the answers

How does the IRB support self-represented parties prior to a proceeding?

By informing them of their right to representation and the process. Signup and view all the answers

What is generally expected of parties regarding preparedness for a proceeding?

To be ready to present their case on the scheduled date. Signup and view all the answers

What is NOT generally considered a sufficient reason to change a proceeding's date?

Agreement from all parties on a new date. Signup and view all the answers

What is the primary responsibility of the IRB regarding the scheduling of its proceedings?

To minimize postponements and finalize cases quickly and fairly Signup and view all the answers

What role does communication technology play in the IAD’s proceedings?

It must be supplied by parties wishing to testify from abroad. Signup and view all the answers

In what circumstance does the RAD allow oral hearings?

In limited circumstances as per the regulations. Signup and view all the answers

Under what circumstances can the IRB allow a second application for a date change?

If the party presents new evidence justifying the change Signup and view all the answers

What happens if a party does not appear at the IRB after their application to change the date is denied?

The IRB will start abandonment proceedings against the party Signup and view all the answers

What is considered an explicit commitment to the IAD regarding proceeding dates?

An explicit and positive commitment from the parties. Signup and view all the answers

Which situation is not typically a valid reason for postponing a proceeding?

A party has a scheduling conflict due to another proceeding. Signup and view all the answers

Who is responsible for scheduling dates for refugee hearings at the RPD?

The Citizenship and Immigration Canada officer or CBSA officer Signup and view all the answers

What information is essential in a medical certificate for rescheduling a proceeding?

The expected recovery time and reasons for unavailability. Signup and view all the answers

What does the IRB prioritize when scheduling cases?

Ensuring legislative timeframes and fairness Signup and view all the answers

How does the ID handle applications to change proceeding dates?

Only in exceptional circumstances where justification is provided. Signup and view all the answers

What must counsel do if they submit available dates but later become unavailable?

They must inform the IRB as soon as possible Signup and view all the answers

What right do parties have regarding language during proceedings?

Right to participate in the official language of their choice with necessary interpretation Signup and view all the answers

What happens if a party fails to prepare adequately for their hearing?

The IRB might proceed without them. Signup and view all the answers

What is the IRB's expectation regarding the timing of notice for proceedings?

Notice periods vary based on case circumstances. Signup and view all the answers

What happens if a party retains counsel after a proceeding date is set?

The party must ensure their counsel is available for the scheduled date Signup and view all the answers

How does the IRB handle requests for date changes by parties?

They do not allow changes if a party retains unavailable counsel Signup and view all the answers

What might prompt the IRB to schedule proceedings on dates when counsel is unavailable?

Counsel has multiple cases that interfere with scheduling Signup and view all the answers

What is one of the responsibilities of the IRB regarding individuals identified as vulnerable?

To provide them with special accommodations during proceedings Signup and view all the answers

What does the IRB expect from counsel regarding readiness for hearings?

Counsel must be ready and able to appear as per the scheduling requirements Signup and view all the answers

What principle must the IRB maintain while scheduling its hearings?

Natural justice and fairness for all parties involved Signup and view all the answers

What is the general policy of the ID regarding applications to change the date or time of a detention review?

Applications are rarely granted to avoid extending mandatory statutory timeframes. Signup and view all the answers

What consideration is taken into account when deciding an application to change the date of an admissibility hearing?

The detention status of the subject. Signup and view all the answers

Under what circumstances does the RPD expect parties to be ready to proceed on the scheduled hearing date?

When the hearing is fixed with no changes in scheduling. Signup and view all the answers

What is the consequence if an application to change a hearing's date is granted?

The hearing will be rescheduled within ten working days. Signup and view all the answers

What must applications to change the date or time of a hearing include if they are based on medical reasons?

The information required under specific Refugee Protection Division Rules. Signup and view all the answers

What significant change was implemented through the amendments to the IRPA that came into force on December 15, 2012?

Mandatory timeframes for fixing dates of refugee hearings. Signup and view all the answers

What is the reason the ID does not grant applications to hold detention reviews outside the mandatory timeframes?

The subject waiving the review right is not sufficient. Signup and view all the answers

What operational requirement affects how the RPD handles applications to change the hearing date set by an officer?

The claimant's lack of retained counsel. Signup and view all the answers

When would the RPD potentially postpone proceedings regarding a claimant?

When awaiting confirmation from the Canada Border Services Agency. Signup and view all the answers

What principle guides the RPD when reviewing applications for rescheduling hearings?

Compliance with statutory timeframes. Signup and view all the answers

In transitional claims referred prior to December 15, 2012, what applies regarding mandatory time limits?

They do not apply. Signup and view all the answers

If an application to change a hearing date is made to gather further evidence, what is likely to happen?

It will be analyzed for necessity at the end of the hearing. Signup and view all the answers

What is expected from the Minister during an admissibility hearing?

The Minister should be prepared to proceed from the referral date. Signup and view all the answers

How often are applications to change the date or time of hearings generally granted by the RPD?

Only in exceptional circumstances. Signup and view all the answers

Study Notes

Immigration and Refugee Board (IRB) Chairperson's Guidelines

The IRB is a quasi-judicial tribunal, operating more informally and swiftly than a traditional court.
IRPA mandates informal and expeditious proceedings, respecting fairness and natural justice.
Chairperson's Guideline 6 was initially for the Refugee Protection Division (RPD) in 2003, later expanded to include Immigration Appeal Division (IAD) and Immigration Division (ID) in 2010, and now updated to encompass the Refugee Appeal Division (RAD) and changes in the IRPA and related acts such as the Balanced Refugee Reform Act and Protecting Canada's Immigration System Act.
"Counsel" refers to both applicant and Minister's legal representatives.
This guideline explains the IRB's process for fair and efficient scheduling.
Guidelines are not mandatory but members are expected to apply them or justify departures.
Rules of each division must be considered in conjunction with the general guidelines.

General Principles (Applicable to All Four Divisions)

The IRB has the authority to control proceedings and processes, adhering to natural justice and fairness.
The IRB must schedule and conduct proceedings efficiently and fairly, prioritizing expeditious finalization and respecting legislative timelines. Minimize unnecessary delays.
Parties requesting date changes must follow division rules. Denied applications prior to proceedings, require both counsel to be present.
The IRB scrutinizes repeated applications for change of dates, allowing them only in exceptional cases and with justification.
Scheduling is based on operational needs, legislative requirements, and natural justice.

Specific Division Guidelines

Immigration Appeal Division (IAD)

Date changes are granted only in exceptional circumstances, considering relevant factors (including IAD Rule 48(4)).
Prior agreements for dates are significant and treated as commitments.
Parties are responsible for arrangements for remote witness testimony, providing reliable communication.
Pending criminal charges typically do not warrant date changes.

Refugee Appeal Division (RAD)

Oral hearings are limited.
Time limits in IRPR do not apply when oral hearings are held.
Date changes are only granted in exceptional circumstances considering relevant factors (including RAD Rule 67(5)) and prior agreements.
Medical applications require specific information (RAD Rules 67(7), (8), (9)).

Immigration Division (ID)

Detention review timelines are paramount.
Date changes impacting statutory timeframes are generally refused; rescheduling happens earliest possible.
No changes for a waiver of review-timeframe rights.
No changes for admissibility hearings to provide relief from removal orders.
Detained subjects are considered for admissibility hearing rescheduling requests.
The Minister should be prepared to proceed when admissibility hearings are referred.

Refugee Protection Division (RPD)

Refugee hearing dates are fixed within specific timeframes (30, 45, or 60 days, per claim type).
Strict approach to scheduling and date changes, with adherence to mandatory timelines key.
Changes are only granted in exceptional circumstances, ensuring adherence to natural justice principles.
Rescheduling within ten working days if an application is granted.
Exceptions for claims set by the designated officer and those made via Refugee Protection Division Rules 54(5).
Applications for date changes due to needing documentation are generally not denied, but the outcome is deferred until the end of the hearing.
Certain proceedings can be postponed due to front end security screening.
Transitional claims (pre-December 15, 2012) are treated differently, without mandatory time constraints.

General Information

Special needs of vulnerable persons are considered per Chairperson's Guideline 8.
Official language rights of participants are recognized, along with simultaneous interpretation.
Parties' right to legal representation is acknowledged, but not unlimited. Responsibilities for scheduling and counsel's availability are detailed.
Medical necessity for date changes requires medical certificates, containing relevant information.
Self-represented parties are provided with sufficient notice and information to ensure readiness for scheduled proceedings.
IRB requires advance notice of proceedings, and rationale for requested date changes must be substantiated.
Agreement of all hearing parties for a date change does not guarantee approval.
Legal aid application delays are not automatically granted but may be considered in circumstances beyond the party's control.
Cases in progress generally do not justify date changes.

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Description

Test your knowledge about the Chairperson's Guideline and the various functions of the Immigration and Refugee Board (IRB). This quiz covers key principles, timelines, and distinctions between IRB procedures and traditional courts. Ensure you're familiar with the relevant Acts and case references impacting refugee claims and appeals.