Podcast
Questions and Answers
What is the primary purpose of the Chairperson's Guideline?
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?
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?
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?
Which Act introduced strict timelines for the RPD to hear refugee claims?
What does 'counsel' refer to in the context of the IRB?
What does 'counsel' refer to in the context of the IRB?
How do the Chairperson's Guidelines relate to the rules of each division?
How do the Chairperson's Guidelines relate to the rules of each division?
What is a key principle the IRB must adhere to in its procedures?
What is a key principle the IRB must adhere to in its procedures?
What change was made to the IRB in relation to the Refugee Appeal Division (RAD)?
What change was made to the IRB in relation to the Refugee Appeal Division (RAD)?
What may a Division determine if an applicant is in default during proceedings?
What may a Division determine if an applicant is in default during proceedings?
Under which subsection of IRPA is abandonment of proceeding addressed?
Under which subsection of IRPA is abandonment of proceeding addressed?
Which case references the opinion of a Division regarding abandonment of proceedings?
Which case references the opinion of a Division regarding abandonment of proceedings?
What does the IRB state about submissions regarding technical issues?
What does the IRB state about submissions regarding technical issues?
What is the focus of the plan mentioned in the content?
What is the focus of the plan mentioned in the content?
What is the IRB's course of action if counsel does not appear?
What is the IRB's course of action if counsel does not appear?
What must accompany an application to reschedule a proceeding for medical reasons?
What must accompany an application to reschedule a proceeding for medical reasons?
How does the IRB support self-represented parties prior to a proceeding?
How does the IRB support self-represented parties prior to a proceeding?
What is generally expected of parties regarding preparedness for a proceeding?
What is generally expected of parties regarding preparedness for a proceeding?
What is NOT generally considered a sufficient reason to change a proceeding's date?
What is NOT generally considered a sufficient reason to change a proceeding's date?
What is the primary responsibility of the IRB regarding the scheduling of its proceedings?
What is the primary responsibility of the IRB regarding the scheduling of its proceedings?
What role does communication technology play in the IAD’s proceedings?
What role does communication technology play in the IAD’s proceedings?
In what circumstance does the RAD allow oral hearings?
In what circumstance does the RAD allow oral hearings?
Under what circumstances can the IRB allow a second application for a date change?
Under what circumstances can the IRB allow a second application for a date change?
What happens if a party does not appear at the IRB after their application to change the date is denied?
What happens if a party does not appear at the IRB after their application to change the date is denied?
What is considered an explicit commitment to the IAD regarding proceeding dates?
What is considered an explicit commitment to the IAD regarding proceeding dates?
Which situation is not typically a valid reason for postponing a proceeding?
Which situation is not typically a valid reason for postponing a proceeding?
Who is responsible for scheduling dates for refugee hearings at the RPD?
Who is responsible for scheduling dates for refugee hearings at the RPD?
What information is essential in a medical certificate for rescheduling a proceeding?
What information is essential in a medical certificate for rescheduling a proceeding?
What does the IRB prioritize when scheduling cases?
What does the IRB prioritize when scheduling cases?
How does the ID handle applications to change proceeding dates?
How does the ID handle applications to change proceeding dates?
What must counsel do if they submit available dates but later become unavailable?
What must counsel do if they submit available dates but later become unavailable?
What right do parties have regarding language during proceedings?
What right do parties have regarding language during proceedings?
What happens if a party fails to prepare adequately for their hearing?
What happens if a party fails to prepare adequately for their hearing?
What is the IRB's expectation regarding the timing of notice for proceedings?
What is the IRB's expectation regarding the timing of notice for proceedings?
What happens if a party retains counsel after a proceeding date is set?
What happens if a party retains counsel after a proceeding date is set?
How does the IRB handle requests for date changes by parties?
How does the IRB handle requests for date changes by parties?
What might prompt the IRB to schedule proceedings on dates when counsel is unavailable?
What might prompt the IRB to schedule proceedings on dates when counsel is unavailable?
What is one of the responsibilities of the IRB regarding individuals identified as vulnerable?
What is one of the responsibilities of the IRB regarding individuals identified as vulnerable?
What does the IRB expect from counsel regarding readiness for hearings?
What does the IRB expect from counsel regarding readiness for hearings?
What principle must the IRB maintain while scheduling its hearings?
What principle must the IRB maintain while scheduling its hearings?
What is the general policy of the ID regarding applications to change the date or time of a detention review?
What is the general policy of the ID regarding applications to change the date or time of a detention review?
What consideration is taken into account when deciding an application to change the date of an admissibility hearing?
What consideration is taken into account when deciding an application to change the date of an admissibility hearing?
Under what circumstances does the RPD expect parties to be ready to proceed on the scheduled hearing date?
Under what circumstances does the RPD expect parties to be ready to proceed on the scheduled hearing date?
What is the consequence if an application to change a hearing's date is granted?
What is the consequence if an application to change a hearing's date is granted?
What must applications to change the date or time of a hearing include if they are based on medical reasons?
What must applications to change the date or time of a hearing include if they are based on medical reasons?
What significant change was implemented through the amendments to the IRPA that came into force on December 15, 2012?
What significant change was implemented through the amendments to the IRPA that came into force on December 15, 2012?
What is the reason the ID does not grant applications to hold detention reviews outside the mandatory timeframes?
What is the reason the ID does not grant applications to hold detention reviews outside the mandatory timeframes?
What operational requirement affects how the RPD handles applications to change the hearing date set by an officer?
What operational requirement affects how the RPD handles applications to change the hearing date set by an officer?
When would the RPD potentially postpone proceedings regarding a claimant?
When would the RPD potentially postpone proceedings regarding a claimant?
What principle guides the RPD when reviewing applications for rescheduling hearings?
What principle guides the RPD when reviewing applications for rescheduling hearings?
In transitional claims referred prior to December 15, 2012, what applies regarding mandatory time limits?
In transitional claims referred prior to December 15, 2012, what applies regarding mandatory time limits?
If an application to change a hearing date is made to gather further evidence, what is likely to happen?
If an application to change a hearing date is made to gather further evidence, what is likely to happen?
What is expected from the Minister during an admissibility hearing?
What is expected from the Minister during an admissibility hearing?
How often are applications to change the date or time of hearings generally granted by the RPD?
How often are applications to change the date or time of hearings generally granted by the RPD?
Flashcards
IRB's Role
IRB's Role
The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal that handles immigration and refugee cases, aiming for faster and less formal procedures compared to courts.
Chairperson's Guidelines
Chairperson's Guidelines
Guidelines issued by the IRB chairperson to provide a standard process for hearings, aiming for fairness and efficiency in scheduling and handling cases across the four divisions of the IRB: RPD, IAD, ID and RAD.
Natural Justice and Fairness
Natural Justice and Fairness
Core principles that must be followed by the IRB to ensure a fair process for all involved in immigration and refugee proceedings.
Four IRB Divisions
Four IRB Divisions
Signup and view all the flashcards
IRB Authority
IRB Authority
Signup and view all the flashcards
Counsel in IRB Cases
Counsel in IRB Cases
Signup and view all the flashcards
IRB Guidelines Flexibility
IRB Guidelines Flexibility
Signup and view all the flashcards
Purpose of Guidelines
Purpose of Guidelines
Signup and view all the flashcards
What does 'abandonment of proceeding' mean in immigration law?
What does 'abandonment of proceeding' mean in immigration law?
Signup and view all the flashcards
What is IRPA?
What is IRPA?
Signup and view all the flashcards
Who is the 'Division' in IRPA?
Who is the 'Division' in IRPA?
Signup and view all the flashcards
Who can represent participants in IRB hearings?
Who can represent participants in IRB hearings?
Signup and view all the flashcards
What happens when an applicant fails to appear for a hearing?
What happens when an applicant fails to appear for a hearing?
Signup and view all the flashcards
IRB Scheduling Mandate
IRB Scheduling Mandate
Signup and view all the flashcards
Application for Date Change
Application for Date Change
Signup and view all the flashcards
Denied Application Response
Denied Application Response
Signup and view all the flashcards
Repeated Application Denial
Repeated Application Denial
Signup and view all the flashcards
Scheduling Criteria
Scheduling Criteria
Signup and view all the flashcards
Divisional Scheduling
Divisional Scheduling
Signup and view all the flashcards
Counsel Availability
Counsel Availability
Signup and view all the flashcards
Scheduling Conferences
Scheduling Conferences
Signup and view all the flashcards
Counsel Unavailability
Counsel Unavailability
Signup and view all the flashcards
Prioritized Cases
Prioritized Cases
Signup and view all the flashcards
Multilingual Procedures
Multilingual Procedures
Signup and view all the flashcards
Representation by Counsel
Representation by Counsel
Signup and view all the flashcards
Post-Date Counsel Retention
Post-Date Counsel Retention
Signup and view all the flashcards
Notice of Proceedings
Notice of Proceedings
Signup and view all the flashcards
Counsel Replacement
Counsel Replacement
Signup and view all the flashcards
IRB Proceeding Change Request
IRB Proceeding Change Request
Signup and view all the flashcards
Medical Certificate
Medical Certificate
Signup and view all the flashcards
Self-represented Parties
Self-represented Parties
Signup and view all the flashcards
Advance Notice
Advance Notice
Signup and view all the flashcards
Insufficient Prep Time
Insufficient Prep Time
Signup and view all the flashcards
Immigration/Other Proceedings
Immigration/Other Proceedings
Signup and view all the flashcards
Party Agreement
Party Agreement
Signup and view all the flashcards
Legal Aid Application
Legal Aid Application
Signup and view all the flashcards
Exceptional Circumstances
Exceptional Circumstances
Signup and view all the flashcards
IAD
IAD
Signup and view all the flashcards
Witness Testimony Abroad
Witness Testimony Abroad
Signup and view all the flashcards
Criminal Charges/Appeals
Criminal Charges/Appeals
Signup and view all the flashcards
RAD Oral Hearing
RAD Oral Hearing
Signup and view all the flashcards
RAD Proceeding Change Request
RAD Proceeding Change Request
Signup and view all the flashcards
ID Proceeding Change Request
ID Proceeding Change Request
Signup and view all the flashcards
Detention Review Timeframes
Detention Review Timeframes
Signup and view all the flashcards
Changing Review Dates
Changing Review Dates
Signup and view all the flashcards
Admissibility Hearing Dates
Admissibility Hearing Dates
Signup and view all the flashcards
Minister's Admissibility Hearing
Minister's Admissibility Hearing
Signup and view all the flashcards
Refugee Hearing Timeframes
Refugee Hearing Timeframes
Signup and view all the flashcards
Application for Hearing Date Change
Application for Hearing Date Change
Signup and view all the flashcards
Rescheduling Refugee Hearings
Rescheduling Refugee Hearings
Signup and view all the flashcards
Medical Reasons for Date Change
Medical Reasons for Date Change
Signup and view all the flashcards
Documentation Delays
Documentation Delays
Signup and view all the flashcards
Security Screening Delays
Security Screening Delays
Signup and view all the flashcards
Transitional Claims
Transitional Claims
Signup and view all the flashcards
Explicit Commitment
Explicit Commitment
Signup and view all the flashcards
Mandatory Timeframes
Mandatory Timeframes
Signup and view all the flashcards
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
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.
