IRPA Subsection 168(1) and IRB Proceedings

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Questions and Answers

What could lead to a determination of abandonment of a proceeding according to IRPA subsection 168(1)?

Failure to pay the associated fees on time.

Failure to comply with communication requests from the Division. (correct)

Failure to attend the Division's office for an interview. (correct)

Failure to submit a required application form.

In legal proceedings, which of the following cases relates directly to issues of abandonment according to the cases listed?

Laidlow, Roderic v. M.C.I.

Aseervatham, Vimalathas v. Minister of Citizenship and Immigration (correct)

Prassad v. Minister of Employment and Immigration (correct)

Kandasamy, Ratnanathan v. Minister of Citizenship and Immigration

Which statement best describes the nature of the submissions made to the IRB regarding technical issues?

They are open to public scrutiny and response.

They are anonymous, and the IRB will not respond. (correct)

They can be submitted with identifiers for tracking.

They are always rejected if anonymized.

What was a primary concern highlighted in the mentioned legal plan regarding accessibility?

Identifying and removing barriers to accessibility. Signup and view all the answers

What is the primary purpose of the Chairperson's Guideline issued by the IRB?

To explain the IRB's process before and during a hearing for fair scheduling. Signup and view all the answers

Which of the following best describes the nature of the Immigration and Refugee Board of Canada (IRB)?

A quasi-judicial, independent administrative tribunal. Signup and view all the answers

How does the IRB ensure the quick processing of refugee claims?

By imposing strict timelines for the Refugee Protection Division. Signup and view all the answers

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

Both the subject's legal representative and the Minister's legal representative. Signup and view all the answers

Which of the following principles governs the IRB's authority over its processes?

The IRB can set its own procedures while adhering to natural justice. Signup and view all the answers

What is one significant change reflected in the updated Chairperson's Guideline?

The inclusion of a new division, the Refugee Appeal Division. Signup and view all the answers

How are the Chairperson's Guidelines regarded in terms of adherence by the IRB members?

Members must apply them or justify any deviation from them. Signup and view all the answers

What aspect of the IRB's operational guidelines allows for flexibility?

General principles that accommodate various circumstances. Signup and view all the answers

What is the IRB's primary obligation regarding the scheduling of proceedings?

To finalize cases quickly while adhering to legislative timeframes. Signup and view all the answers

Under what conditions will the IRB allow a second application to change a proceeding date?

Only in exceptional circumstances justifying the change. Signup and view all the answers

How does the IRB ensure scheduling fairness and efficiency?

By taking into account operational requirements and fairness principles. Signup and view all the answers

What must a party do if their application to change the date of a proceeding is denied?

They must still appear prepared to proceed. Signup and view all the answers

What role does the officer from Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) have regarding refugee hearings?

They determine the eligibility and set initial hearing dates. Signup and view all the answers

What is expected from counsel if they have submitted dates but are no longer available?

They should find a replacement counsel. Signup and view all the answers

What may occur if counsel has too many cases before the IRB?

The IRB may schedule cases when counsel is not available. Signup and view all the answers

What is a right that parties, their counsel, and witnesses have at the IRB regarding language?

They have the right to use their preferred official language and request interpretation. Signup and view all the answers

What is the IRB's policy regarding parties' readiness to proceed?

Counsel must ensure they are ready to present the case based on the scheduled date. Signup and view all the answers

What is emphasized about the IRB's ability to conduct hearings?

The IRB can conduct hearings without consulting counsel's schedule. Signup and view all the answers

Which of the following is a requirement for parties regarding communication with the IRB?

Parties must inform the IRB of the preferred language for all proceedings. Signup and view all the answers

In what instances does the IRB prioritize certain types of cases?

For cases with vulnerable persons as per established guidelines. Signup and view all the answers

What is the ID's general policy regarding applications to change the date or time of detention reviews?

Applications are not granted if they result in conducting the review outside mandatory timeframes. Signup and view all the answers

What factors influence the ID's decision to change the date and time of an admissibility hearing?

The fact that the subject is detained and operational requirements. Signup and view all the answers

What responsibility does a party have if they choose to retain counsel after a proceeding date is set?

They are responsible for ensuring counsel's availability on the scheduled date. Signup and view all the answers

What significant shift did the amendments to the IRPA on December 15, 2012, signify?

A focus on expeditious resolution of refugee claims. Signup and view all the answers

Under what circumstance will the RPD generally grant applications to change hearing dates?

Only in exceptional circumstances if necessary for natural justice. Signup and view all the answers

What is the expected timeframe for rescheduling a hearing when an application to change the date or time is granted?

Within ten working days. Signup and view all the answers

What does the RPD require for changing the date of a proceeding based on medical reasons?

Detailed information as specified in Refugee Protection Division Rules. Signup and view all the answers

What approach does the RPD take with transitional claims that were referred prior to the IRPA amendments?

It follows a distinct legal context not bound by new time limits. Signup and view all the answers

For what reason will the ID typically not grant an application to hold detention reviews outside mandatory timeframes?

To keep the judicial process predictable and efficient. Signup and view all the answers

What does the RPD expect of parties and their counsel regarding hearing readiness?

They must be prepared to proceed on the scheduled hearing date. Signup and view all the answers

What factor is NOT considered important by the ID when deciding on hearing date changes?

The logistical convenience of the parties involved. Signup and view all the answers

What is the primary reason for the ID's reluctance to change the timing of admissibility hearings?

To prevent tactical delays that impact other legal processes. Signup and view all the answers

What does the RPD prioritize regarding refugee hearing scheduling?

Compliance with mandatory regulatory timeframes. Signup and view all the answers

When changing the date or time of a proceeding, what is considered by the RPD?

The division's operational requirements and the specific circumstances of the case. Signup and view all the answers

In what situation might the RPD postpone proceedings on its own initiative?

When front-end security screening confirmation from CBSA has not been received. Signup and view all the answers

What must an application to change the date of a proceeding include if it is based on medical reasons?

A medical certificate with specific information Signup and view all the answers

Which factor is NOT typically considered by the IRB when deciding on an application to change a proceeding date?

The financial status of the applicants Signup and view all the answers

In which circumstance might the IRB consider changing a proceeding date based on legal aid?

If processing delays are beyond the party's control Signup and view all the answers

What is a crucial factor for the IAD when considering an application to change the date of a proceeding?

Whether all parties agreed to the date and time Signup and view all the answers

What does the RAD consider when determining applications to change the date of a hearing?

If the parties consulted with each other prior to application Signup and view all the answers

What is generally NOT a valid reason for the IAD to grant a delay in proceeding?

Pending criminal charges against the appellant Signup and view all the answers

What does the IRB assume about self-represented parties before proceeding with their case?

They may require additional support or information Signup and view all the answers

In what situation will the ID allow changes to a proceeding date?

Only in exceptional circumstances with justification Signup and view all the answers

What are parties expected to provide if witnesses are located abroad in an IAD proceeding?

Reliable means of communication for testimony Signup and view all the answers

What important consideration is included in the criteria for the RAD to grant a change in proceeding date?

The legislative intent for expeditious resolutions Signup and view all the answers

What is generally not a sufficient reason to allow changing the date or time of a proceeding?

Ongoing immigration proceedings involving the party Signup and view all the answers

What requirement must a medical certificate fulfill when addressing an application for a postponement?

It must state the expected recovery timeline Signup and view all the answers

Which factor is crucial during the IRB's determination of an application based on a claimed lack of preparation time?

Documentation proving prior engagement activities Signup and view all the answers

Study Notes

Immigration and Refugee Board of Canada (IRB) Chairperson's Guidelines

IRB is a quasi-judicial tribunal operating more informally and quickly than a traditional court
IRPA mandates informal and speedy proceedings, respecting fairness and natural justice
Guideline 6, originally for the Refugee Protection Division (RPD), expanded to include Immigration Appeal Division (IAD), Immigration Division (ID) in 2010, and now updated reflecting changes in IRPA and related acts
Updates include a new Refugee Appeal Division (RAD), specific timelines for RPD refugee claims, and detention provisions for foreign nationals in ID
"Counsel" refers to both applicant and Minister's legal representatives
Guidelines explain the IRB's process for fair and efficient case scheduling
Members are expected to apply guidelines or provide justification for deviations
Guidelines must be used alongside specific division rules, ensuring flexibility across four divisions

General Principles

IRB has authority over its procedures, adhering to natural justice and fairness
IRB aims to finalize proceedings quickly, meeting legislative deadlines
Minimizes unnecessary postponements and ensures cases are heard swiftly and fairly

Application for Scheduling Changes

Applications for changing hearing dates must follow each division's rules
Refusal to allow a scheduled change or inability to communicate decision to the party prior to the proceeding requires the party and representation to attend, prepared to proceed, or abandonment proceedings will be initiated
Subsequent applications for rescheduled hearings are considered only in exceptional circumstances with adequate justification (e.g., new evidence)

Scheduling Proceedings

Scheduling depends on operational and legislative requirements, alongside natural justice
ID and RPD need to schedule hearings within IRPA/associated regulations' limits
CIC/CBSA officers initiate RPD hearing schedules, with RPD handling subsequent scheduling based on criteria
IRB contacts counsel, requesting available dates for scheduling; counsel must inform IRB quickly of unavailability
IRB accommodates counsel availability while prioritizing efficient and fair scheduling
Parties may be required to participate in a scheduling conference
IRB may schedule proceedings even if counsel is unavailable in cases where this is necessary for efficient and timely proceedings

Vulnerable Persons and Language Access

IRB accommodates vulnerable persons as defined in Guideline 8, a guideline on processes related to vulnerable people
Parties have a right to choose their official language and simultaneous interpretation, if requested
Parties require interpreters to notify the division in line with the division's rules, stating the required language and dialect
Counsel can communicate with IRB staff in either official language, regardless of the subject's chosen language.

Representation by Counsel

Parties have a right to representation, but this right is not absolute; opportunities are not unlimited
Parties are responsible for ensuring counsel is available on scheduled dates
Applications for date changes, if initiated after a hearing date is set, are often rejected for a party's chosen counsel's unavailability on that date
Reasonable notice of proceedings is provided by the IRB, requiring counsel readiness and preparedness to present cases
If counsel is unavailable, making alternative arrangements is expected for a substitute
If a counsel fails to appear, IRB may proceed without counsel, initiate abandonment proceedings, or declare case abandonment

Medical Excuses

Medical applications related to the party (not counsel) must be accompanied by a medical certificate
Medical certificates must provide details on why the party cannot participate and expected participation date

Self-Represented Parties

IRB is considerate of self-represented parties unfamiliar with the rules and processes
IRB provides sufficient process information before proceeding, including representation rights
IRB expects self-represented parties to be prepared to present cases

Advance Notice and Preparation

IRB gives advance notice for hearings which varies based on case context and proceeding type
Adequate preparation time is expected; applications to alter dates due to inadequate preparation time require thorough substantiation and examination of efforts to prepare

Other Considerations

Prior immigration proceedings are not grounds for changing the hearing date
Agreement of all parties does not automatically grant a date change application
Applications for legal aid approval are not grounds for automatic postponement, except in uncontrollable delays in legal aid approval processes

Specific Division Guidelines

IAD grants date changes only in exceptional, justifiable circumstances; considers all factors and consulting agreement
IAD handles witnesses located abroad, stressing need for reliable communication tools
RAD holds oral hearings only sometimes, and date changes are considered only in exceptional circumstances, with reference to specific rules
ID's detention reviews adhere to strict deadlines, and applications for changes outside deadlines are disallowed, unless exceptional circumstances are proved
ID's admissibility hearing requests are generally not granted if these are made to avoid the impact of a removal order; considers the subject's detention status in deciding admissibility hearing postponement applications
ID hearing dates are determined by the minister when such a hearing is initiated, and these schedules are generally not subject to changes if the purpose of the changes is to gather further evidence/prepare proceedings
RPD adheres to strict scheduling limitations, prioritizes applications where postponement is necessary to conduct proceedings consistent with principle of natural justice; grants date-changes only in exceptional circumstances where postponements are within the timeframes stipulated; Reschedules hearings within ten business days of accepted date changes
RPD considers counsel unavailability at the time of its initial hearing scheduling decision when evaluating applications for date changes, but those requests are subject to operational requirements and timeframes

Further Developments

Amendments in 2012 stressed expeditious refugee claim resolution, including fixed deadlines for RPD hearings
RPD's date change policies are stricter, prioritizing compliance with regulations

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Description

This quiz tests your knowledge of the Immigration and Refugee Protection Act (IRPA) and the procedures of the Immigration and Refugee Board (IRB). It covers topics such as abandonment of proceedings, case law, and the Chairperson's Guidelines. Assess your understanding of these critical legal components related to immigration and refugee issues in Canada.