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?

<p>Identifying and removing barriers to accessibility. (A)</p> Signup and view all the answers

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

<p>To explain the IRB's process before and during a hearing for fair scheduling. (D)</p> Signup and view all the answers

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

<p>A quasi-judicial, independent administrative tribunal. (D)</p> Signup and view all the answers

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

<p>By imposing strict timelines for the Refugee Protection Division. (A)</p> Signup and view all the answers

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

<p>Both the subject's legal representative and the Minister's legal representative. (B)</p> Signup and view all the answers

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

<p>The IRB can set its own procedures while adhering to natural justice. (C)</p> Signup and view all the answers

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

<p>The inclusion of a new division, the Refugee Appeal Division. (D)</p> Signup and view all the answers

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

<p>Members must apply them or justify any deviation from them. (C)</p> Signup and view all the answers

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

<p>General principles that accommodate various circumstances. (C)</p> Signup and view all the answers

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

<p>To finalize cases quickly while adhering to legislative timeframes. (C)</p> Signup and view all the answers

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

<p>Only in exceptional circumstances justifying the change. (C)</p> Signup and view all the answers

How does the IRB ensure scheduling fairness and efficiency?

<p>By taking into account operational requirements and fairness principles. (B)</p> Signup and view all the answers

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

<p>They must still appear prepared to proceed. (D)</p> 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?

<p>They determine the eligibility and set initial hearing dates. (D)</p> Signup and view all the answers

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

<p>They should find a replacement counsel. (A)</p> Signup and view all the answers

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

<p>The IRB may schedule cases when counsel is not available. (A)</p> Signup and view all the answers

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

<p>They have the right to use their preferred official language and request interpretation. (B)</p> Signup and view all the answers

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

<p>Counsel must ensure they are ready to present the case based on the scheduled date. (D)</p> Signup and view all the answers

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

<p>The IRB can conduct hearings without consulting counsel's schedule. (D)</p> Signup and view all the answers

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

<p>Parties must inform the IRB of the preferred language for all proceedings. (B)</p> Signup and view all the answers

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

<p>For cases with vulnerable persons as per established guidelines. (A)</p> Signup and view all the answers

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

<p>Applications are not granted if they result in conducting the review outside mandatory timeframes. (A)</p> Signup and view all the answers

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

<p>The fact that the subject is detained and operational requirements. (B)</p> Signup and view all the answers

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

<p>They are responsible for ensuring counsel's availability on the scheduled date. (A)</p> Signup and view all the answers

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

<p>A focus on expeditious resolution of refugee claims. (B)</p> Signup and view all the answers

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

<p>Only in exceptional circumstances if necessary for natural justice. (A)</p> 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?

<p>Within ten working days. (B)</p> Signup and view all the answers

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

<p>Detailed information as specified in Refugee Protection Division Rules. (C)</p> Signup and view all the answers

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

<p>It follows a distinct legal context not bound by new time limits. (C)</p> Signup and view all the answers

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

<p>To keep the judicial process predictable and efficient. (D)</p> Signup and view all the answers

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

<p>They must be prepared to proceed on the scheduled hearing date. (D)</p> Signup and view all the answers

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

<p>The logistical convenience of the parties involved. (D)</p> Signup and view all the answers

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

<p>To prevent tactical delays that impact other legal processes. (A)</p> Signup and view all the answers

What does the RPD prioritize regarding refugee hearing scheduling?

<p>Compliance with mandatory regulatory timeframes. (C)</p> Signup and view all the answers

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

<p>The division's operational requirements and the specific circumstances of the case. (B)</p> Signup and view all the answers

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

<p>When front-end security screening confirmation from CBSA has not been received. (A)</p> 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?

<p>A medical certificate with specific information (C)</p> 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?

<p>The financial status of the applicants (B)</p> Signup and view all the answers

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

<p>If processing delays are beyond the party's control (C)</p> 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?

<p>Whether all parties agreed to the date and time (D)</p> Signup and view all the answers

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

<p>If the parties consulted with each other prior to application (B)</p> Signup and view all the answers

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

<p>Pending criminal charges against the appellant (B)</p> Signup and view all the answers

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

<p>They may require additional support or information (D)</p> Signup and view all the answers

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

<p>Only in exceptional circumstances with justification (A)</p> Signup and view all the answers

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

<p>Reliable means of communication for testimony (B)</p> Signup and view all the answers

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

<p>The legislative intent for expeditious resolutions (C)</p> Signup and view all the answers

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

<p>Ongoing immigration proceedings involving the party (B)</p> Signup and view all the answers

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

<p>It must state the expected recovery timeline (B)</p> 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?

<p>Documentation proving prior engagement activities (A)</p> Signup and view all the answers

Flashcards

What is the IRB?

The Immigration and Refugee Board of Canada (IRB) is a tribunal that deals with immigration and refugee matters. It's a quasi-judicial body, meaning it's independent and operates like a court but with less formality.

What is the IRB's approach to hearings?

The IRB is meant to be a quick and efficient way to resolve immigration and refugee matters. It should be as informal as possible while still being fair to all parties involved.

How does the IRB differ from a regular court?

The IRB operates in a way that is similar to a traditional court but with a greater focus on efficiency and informality.

What principle does the IRB prioritize in its proceedings?

While the IRB has its own rules and procedures, it needs to ensure all parties have a fair chance to be heard and present their case. This principle is known as 'natural justice'.

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Who are the 'counsel' in an IRB hearing?

Counsel is a lawyer representing either the person who is the subject of the IRB proceeding or the government (Minister).

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What is the purpose of the Chairperson's Guideline?

This guideline outlines the process the IRB uses before and during hearings to ensure fair and efficient scheduling.

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The IRB has the authority to...

The IRB has the right to set its own rules and procedures as long as they don't violate the principles of natural justice and fairness.

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What makes the Chairperson's Guideline flexible?

This guideline is meant to be adaptable to different situations within the four divisions. It offers general principles that apply to all four divisions and specific considerations for each.

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IRB's Mandate

The IRB must prioritize completing hearings like refugee appeals, detention reviews, etc., as quickly and fairly as possible, within legislative deadlines. They aim to minimize unnecessary delays and adjournments.

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What is 'abandonment of proceeding' in the context of the IRB?

A process where the Immigration and Refugee Board of Canada (IRB) can decide a case has been abandoned if the applicant fails to participate in the proceedings, such as not attending hearings, providing requested information, or communicating with the IRB.

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What is 'natural justice' as applied to the IRB?

The principle of natural justice ensures fairness in court proceedings. In the context of the IRB, it signifies providing a fair chance for everyone involved to present their case and be heard.

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Requesting a Change in Proceedings

Parties who wish to change the date or time of a proceeding must follow specific rules set by the IRB division, otherwise they must still appear prepared or face abandonment proceedings.

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Repeated Change Requests

Repeated requests to change the date of a proceeding often face a strong scrutiny from the IRB; the decision must be justified with substantial and exceptional reasons.

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Scheduling Considerations

Case scheduling is based on operational needs, legislative requirements, and principles of fairness and natural justice.

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Why is the Chairperson's Guideline seen as flexible?

The Chairperson's Guideline is flexible and adaptable to the diverse situations within the four divisions of the IRB. It offers overarching principles while also considering the specific needs of each division.

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Scheduling Compliance

The IRB is responsible for scheduling hearings within the time limits specified by the IRPA and its associated regulations, ensuring timely proceedings.

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Counsel Availability

Counsel are requested to submit their availability for scheduling hearings, ensuring the efficient use of both party and IRB time.

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IRB's Scheduling Autonomy

The IRB accommodates counsel's availability but ultimately prioritizes efficient and timely proceedings, scheduling based on its own judgment and needs.

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Scheduling Conferences

The IRB may call for scheduling conferences to resolve scheduling issues and determine a suitable date for a proceeding.

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Scheduling Overlapping Cases

If counsel is unavailable on dates due to excessive scheduling, proceedings may take place regardless, emphasizing the timely completion of cases over counsel's availability.

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Prioritizing Vulnerable Cases

The IRB prioritizes cases like those involving vulnerable persons, ensuring their specific needs are met and protected.

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Language Access Rights

Parties, counsel, and witnesses have the right to participate in the language of their choice and to request simultaneous interpretation in either official language.

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Reporting Interpreter Needs

Parties should inform the division about language interpretation needs in advance so arrangements can be made for their hearings.

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Representation by Counsel

The IRB recognizes the right to be represented by counsel, but this right is not unlimited and relies on the availability and preparedness of both parties and their chosen counsel.

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Counsel Availability on Scheduled Dates

Parties are responsible for ensuring their chosen counsel's availability on scheduled hearing dates and may face difficulty changing the date if counsel is unavailable.

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What happens if counsel doesn't appear at a hearing?

The IRB may proceed without counsel if someone doesn't show up for a hearing.

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Why should medical certificates be provided for hearing date changes?

The IRB will consider medical certificates if someone can't attend a hearing due to health reasons (excluding reasons related to their lawyer).

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How does the IRB support self-represented parties?

The IRB tries to help individuals representing themselves by explaining the process in advance.

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What is expected of those representing themselves in an IRB proceeding?

Parties are expected to be ready for hearings on the scheduled date.

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How does the IRB ensure parties have enough time to prepare?

The IRB provides advance notice of hearing dates and times, with the specific time varying depending on the case.

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What is needed to change a hearing date due to lack of preparation?

Applications for hearing date changes based on lack of preparation must be justified and show efforts made to prepare.

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Are other legal proceedings a valid reason to delay an IRB hearing?

The IRB generally does not consider other ongoing legal proceedings a good enough reason to delay a hearing.

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Do parties have absolute control over changing hearing dates?

Even if all parties agree to change a hearing date, the IRB still has the final say.

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Is waiting for legal aid a reason to delay a hearing?

Waiting for legal aid approval is usually not a valid reason to postpone a hearing.

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When does the IAD allow changes to hearing dates?

The IAD (Immigration Appeal Division) only allows changes to hearing dates in exceptional circumstances and with justification.

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What does agreeing to a hearing date imply?

If parties agree to a hearing date, it's considered a firm commitment to be present and ready to proceed at that time.

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What responsibility do parties have when testifying from abroad?

Parties testifying from abroad are responsible for providing reliable communication tools, such as prepaid calling cards.

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Are pending criminal charges a valid reason to delay an IAD hearing?

Pending criminal charges are generally not a valid reason to postpone an IAD hearing.

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When does the RAD hold oral hearings?

The RAD (Refugee Appeal Division) holds oral hearings only in specific circumstances.

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When does the RAD allow changes to hearing dates?

Applications to change hearing dates at the RAD are only allowed in exceptional circumstances and must be justified.

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Hearing Date Agreement

When parties agree on a hearing time, it's a strong commitment to be present and prepared.

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Expeditious Resolutions

The IRB prioritizes resolving refugee claims quickly, aiming for hearings within 30, 45, or 60 days, depending on the claim type.

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Detention Review Timeframes

The IRB generally adheres to mandatory timeframes for detention reviews, ensuring they're completed within the legal limits.

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Changing Detention Review Dates

The IRB usually doesn't change the date or time of a detention review unless it's absolutely necessary, to avoid violating the law.

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Waivers Don't Delay Detention Review

The law doesn't allow delaying a detention review just because the person in detention waives their right to a timely review.

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Changing Admissibility Hearing Dates

The IRB won't change an admissibility hearing date to avoid the consequences of a removal order.

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Detention & Changing Admissibility Hearings

The IRB considers the person's detention when deciding to change an admissibility hearing date, scheduling it as soon as possible.

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Minister's Readiness

The Minister is expected to be ready for an admissibility hearing from the time it's referred to the IRB.

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Minister's Late Preparation

The IRB typically won't grant a change in hearing time for the government to gather evidence or prepare, if this should have been done beforehand.

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RPD's Scheduling Approach

The IRB takes a strict approach to scheduling refugee hearings, usually adhering to the set timeframes (30-60 days).

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Parties' Preparation

The RPD expects parties to be ready for hearings at the scheduled time, granting changes only in exceptional circumstances.

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Rescheduling Beyond Timeframes

The RPD will only reschedule outside of the mandatory timeframe if doing so aligns with the principles of natural justice and fairness to all involved.

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Rescheduling Timeframe

If a hearing is rescheduled, the RPD aims to do so within ten working days, with parties expected to be prepared for the new date.

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New Counsel's Impact

The RPD understands the need for flexibility when a claimant hasn't retained counsel yet, allowing for reschedulings if requested.

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Medical Reasons for Changes

Requests for changes based on medical needs, other than those relating to lawyers, must include specific details according to the RPD Rules.

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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.

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