Immigration Hearings
Detention Review
Understanding the Immigration and Refugee Board of Canada (IRB)
The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal. This means it’s not part of any government department, it operates separately to make fair, legal, and efficient decisions about immigration and refugee matters.
The IRB is made up of four sections called divisions, each with its own role:
1. Refugee Protection Division (RPD)
The RPD handles refugee protection claims made by people who are already in Canada.
You can make a refugee claim:
- When you arrive at a port of entry (like an airport or land border), by speaking to a Canada Border Services Agency (CBSA) officer.
- Inside Canada, by contacting either Immigration, Refugees and Citizenship Canada (IRCC) or CBSA.
If the officer decides your claim is eligible, it will be sent to the RPD. The RPD then hears your case and decides whether you qualify for protection under Canadian law and international agreements like the Geneva Convention.
2. Refugee Appeal Division (RAD)
If your refugee claim is denied by the RPD, you may be able to appeal to the RAD.
The RAD reviews the RPD’s decision and can:
- Agree with the RPD’s decision.
- Change the decision.
- Send the case back to the RPD to be heard again, with specific instructions.
This gives people a second chance to have their refugee claim considered.
Note: Hearings at the RPD and RAD are private unless an exception applies.
3. Immigration Division (ID)
The ID holds hearings when the CBSA or IRCC believes someone should not be allowed to stay in Canada. These are called admissibility hearings and apply to foreign nationals or permanent residents who may have broken immigration rules.
The ID also conducts detention reviews for people held in immigration detention by the CBSA. These reviews happen:
- Within 48 hours of detention.
- Again within 7 days of the first review.
- Then at least every 30 days until the person is released or removed from Canada.
4. Immigration Appeal Division (IAD)
The IAD hears different types of immigration appeals, such as:
- Appeals when a family sponsorship is refused by IRCC.
- Appeals of removal orders against permanent residents, protected persons, or permanent resident visa holders.
- Appeals from permanent residents who were told they didn’t meet the residency requirement.
- Appeals made by the Minister of Public Safety if the ID decides someone is not inadmissible.
Note: Hearings at the IAD and ID are usually public unless an exception applies.
Final Thoughts
The IRB plays a key role in making fair decisions on immigration and refugee issues in Canada. Whether someone is seeking protection, challenging a refusal, or facing removal, the IRB ensures that everyone has access to a clear, legal process.
If you or someone you know is involved in an immigration or refugee matter, it’s important to understand how the IRB works and to seek legal advice when needed.
