Immigration and Refugee Board of Canada


Established in 1989, the Immigration and Refugee Board of Canada, is an independent administrative tribunal that is responsible for making well-founded and fair decisions on immigration and refugee matters, efficiently and in accordance with the law. Established by an Act of Parliament, the IRB decides on refugee applications made by individuals who land in Canada and make an asylum claim to be in need of protection.

Immigration and Refugee Protection Act, regulations, and rules

Matters are governed under the Immigration and Refugee Protection Act. In addition, there are the "Immigration and Refugee Protection Regulations", the "Immigration Division Rules", the "Immigration Appeals Division Rules", and the "Refugee Protection Division Rules".

Divisions of the board

The IRB consists of four divisions: Immigration, Immigration Appeals, Refugee Protection, and Refugee Appeals.

Immigration Division

The Immigration Division consists of two main functions: to conduct admissibility hearings and detention reviews.
If the Canada Border Services Agency believes an individual has not followed or contravenes the Act, they will ask the IRB to conduct an admissibility hearing — which will determine if the individual remain or enter Canada.
If an individual is detained or held for immigration purposes, the Immigration Division will conduct detention reviews. Detention reviews are done within certain time frames, set forth by the Act. A Member of the Immigration Division will determine if an individual shall be released from detention; releases can also be by the CBSA.

Immigration Appeals Division

The Immigration Appeals Division hears appeals of immigration matters. These immigration matters are related to: sponsorships, removal orders, residency obligations or appeals made by the Minister.

Refugee Protection Division

The Refugee Protection Division makes determinations for individuals in Canada seeking protection. For individuals residing outside of Canada, Citizenship and Immigration Canada makes the decision.

Refugee Appeals Division

The Refugee Appeals Division hears appeals of refugee matters.

Types

The IRB will grant protection to an individual who is a convention refugee or a person in need of protection.
Convention Refugees
A convention refugee is an individual that has a well-founded fear of persecution in their home country based on:
  1. 1951 Convention Relating to the Status of Refugees.
  2. 1967 Protocol Relating to the Status of Refugees.
  3. 1984 Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.

    How to make a claim

A claim for refugee protection can be made inland or at a Port of Entry.

Eligibility

A claim is not eligible if an individual
  1. has already been granted refugee protection in Canada or another country;
  2. has previously been refused refugee protection in Canada;
  3. has come to Canada from/through a designated safe third country in which a claim for protection was sought;
  4. has committed a crime against peace, war crime or crime against humanity, a serious non-political crime outside the country of refuge, or acts contrary to the purposes and principles of the United Nations.

    Chair

The Chairperson of the board is Richard Wex, who was appointed to the position July 23, 2018. Past Chairs include: