IMMIGRATION AND REFUGEE BOARD OF CANADA (IRB)

IRB is an independent Federal Tribunal responsible for adjudicating immigration and refugee matters. IRB has four divisions:

IMMIGRATION DIVISION (ID)

ID conducts admissibility hearings for those who are believed to be inadmissible to Canada or who are subject to removal from Canada. ID is also responsible to conduct detention reviews for permanent residents or foreign nationals detained by Canada Border Services Agency for breach of Immigration and Refugee Protection Act or Immigration and Refugee Protection Regulations.  Usually a foreign national or permanent resident is inadmissible to Canada for committing misrepresentation, engaging in serious criminality or organized criminality or any act that is contrary to the interests of security of Canada, violating human or international rights, having a health condition that causes danger to public safety or public health, unable or unwilling to support himself/herself or failure to comply with the requirements of the Immigration and Refugee Protection Act.

IMMIGRATION APPEAL DIVISION (IAD)

IAD conducts appeal hearings with respect to decisions:

  • by visa offices to refuse applications for permanent residence based on sponsorships by family members in Canada;
  • by ID to issue removal orders to permanent residents of Canada;
  • by Immigration, Refugees and Citizenship Canada (IRCC) with respect to residency obligation of permanent residents of Canada; and
  • issued by the ID on appeal by the Minister.

REFUGEE PROTECTION DIVISION (RPD)

RPD is responsible for adjudicating refugee claims and determining if the claimant is a conventional refugee or a person in need of protection. All claims which are made inside Canada are first dealt by the Canada Border Services Agency or IRCC and if the claim is found eligible, then it is referred to the RPD for a hearing.

RPD is also responsible for adjudicating the applications made by the Minister of IRCC to cease or vacate the refugee status or protection conferred by the RPD on permanent residents of Canada or protected persons.

REFUGEE APPEAL DIVISION (RAD)

RAD deals with appeals from the decisions of the RPD and has the authority to decide if the decision of the RPD was wrong in fact or law or both.

If you need assistance for appeals or hearings before the ID, IAD, RPD or RAD, you can contact our office to book an appointment.