Providing Legal Help to People Wanting to Become New Canadians
Immigration and Refugee Board
The Immigration and Refugee Board (IRB) is Canada’s largest independent administrative tribunal and it deals with matters in regard to various refugee and immigration appeals. The IRB is made up of the following four divisions:
- Immigration Division (ID)
- Immigration Appeal Division (IAD)
- Refugee Protection Division (RPD)
- Refugee Appeal Division (RAD)
Infordus Legal Services can assist and represent at the following IRB hearings:
- Detention Review Hearings;
- Immigration Appeals;
- Admissibility Hearings;
- Refugee Protection (Humanitarian & Compassionate) Applications; and
- Refugee Appeal Division Hearings.
Detention Review Hearings
If a Canada Border Services Agency ("CBSA") officer feels that a person is a danger to the public, will fail to show up for further hearings, examination or removal and has failed to establish his/her identity, a detention review hearing will have to take place for the ID to determine whether the person should be detained. The initial review hearing will take place within 48 hours of the person’s detention. The second review will take place at least once during the seven-day period following the first detention review and; subsequent reviews will take place at least once during each thirty (30) day period following previous reviews.
Immigration appeals are heard by the Immigration Appeal Division (IAD) of the IRB. The IAD hears appeals in regard to sponsorship, removal order and residency obligation appeals.
- Sponsorship Appeals: If the application of a Canadian Citizen or Permanent resident to sponsor a spouse or close family member has been refused.
- Removal Order Appeals: If you are a permanent resident of Canada, refugee or foreign national with a visa and have been ordered removed from Canada.
- Residency Obligation Appeals: If you fail to meet the residency obligation in that you are required to be present in Canada for 730 days out of every five (5) years, you will fail to meet your residency requirement and, as a result, will be subject to removal.
Admissibility Hearings before the Immigration Division
If a CBSA officer determines that you are inadmissible to Canada under the Immigration and Refugee Protection Act under the following grounds: security, criminality, serious criminality, health reasons, financial reasons, inadmissible family member, cessation of refugee protection, failure to comply with the IRPA or misrepresentation, you may appeal to the Immigration Division of the IRB.
Refugee Protection Division Applications (RPD)
The Refugee Protection Division of the IRB deals with claims for refugee protection. If you are a person in need of protection who would be subject to torture, risk of life, or risk of cruel and unusual punishment, if you are returned to your home country, you may apply to the RPD. Infordus will assist you with the process from helping you fill out the Basis of Claim (BOC) form, submitting the required pertinent documentation to support your claim, as well as represent you at the hearing.
Refugee Appeal Division (RAD)
If your application to the RPD has been refused, the last division in the IRB is the Refugee Appeal Division. Appeals to the RAD are generally from refugee claimants whose claims were negatively determined by the RPD. Under s.110(1) of the Immigration and Refugee Protection Act, the Minister can also appeal a member’s decision on a question of law, question of fact or a question of mixed law and fact. Most RAD appeals will be heard by a single member via paper review or, in exceptional cases, an oral hearing.