Immigration and Refugee Board of Canada (IRB)

The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal responsible for making decisions on immigration and refugee matters in Canada.

Its primary role is to ensure fair and impartial hearings for individuals seeking asylum, refugee protection, or permanent residence in Canada, as well as those facing deportation.

The IRB handles a range of cases, including refugee claims, appeals of immigration decisions, inadmissibility hearings, and detention reviews. It operates through specialized divisions: the Refugee Protection Division (RPD), the Immigration Appeal Division (IAD), the Immigration Division (ID), and the Refugee Appeal Division (RAD).

The IRB is tasked with ensuring that decisions align with Canadian immigration laws, while also considering humanitarian and compassionate grounds, the best interests of children, and the protection of human rights. The nature of the IRB's work is crucial in balancing the need for border security and the fair treatment of individuals seeking refuge or residence in Canada.

Common Matters that are heard in front of the IRB

Immigration Appeals (IAD): Representing clients in sponsorship, permanent resident status, deportation, and inadmissibility appeals.
Refugee Claims (RPD): Assisting with preparing and presenting refugee protection claims, including hearings before the Refugee Protection Division (RPD).
Refugee Appeals (RAD): Representing clients whose refugee claims have been denied, by appealing to the Refugee Appeal Division (RAD).
Immigration Detention (ID): Representing clients in detention reviews and inadmissibility hearings before the Immigration Division (ID), advocating for release or challenging inadmissibility.
Exclusion Orders (ID): Representing clients facing exclusion orders, arguing for the right to stay in Canada.
Humanitarian and Compassionate Grounds (IAD): Helping clients argue for relief based on exceptional circumstances, such as family hardship or best interests of children.
Appealing Immigration Officer Decisions (IAD): Assisting clients with appeals of immigration officer decisions, such as visa refusals and sponsorship denials.

Appeals of Sponsorship Applications

Appeals of Sponsorship Applications occur when a sponsorship application (e.g., for a spouse, common-law partner, or dependent child) is refused by immigration authorities. The Immigration Appeal Division (IAD) reviews these decisions, considering factors like:
- Genuineness of the Relationship: Ensuring the relationship is real and not for immigration purposes.
- Financial Responsibility: Whether the sponsor can financially support the applicant without social assistance.
- Criminality or Inadmissibility: Addressing issues like past criminal activity or security concerns.
- Procedural Fairness: Ensuring the decision was made fairly, with all documentation considered.
- Humanitarian and Compassionate Grounds: Considering exceptional factors like hardship or family impact.
The IAD can either approve the sponsorship despite the refusal or uphold the original decision, aiming for fairness and a balanced review in each case.