Act, regulations and rules

​​​The Immigration and Refugee Board of Canada’s (IRB) role is to make immigration and refugee decisions fairly, efficiently, and according to the law.

This page discusses the laws that the IRB must follow in making immigration and refugee decisions.

Act

The Immigration and Refugee Protection Act (IRPA) gives the IRB authority to hear and decide cases on certain immigration and refugee matters, including:

• refugee claims made in Canada and refugee appeals;
• vacation and cessation applications;
• family sponsorship appeals;
• permanent resident residency obligations appeals;
• immigration detention; and
• certain inadmissibility to Canada.

Regulations

The Immigration and Refugee Protection Regulations set out the law for specific issues in immigration and refugee determination. These include:

• temporary foreign workers and students
• the examination of persons seeking entry
• permanent resident cards
• residency obligations
• family class
• the selection of skilled workers and business immigrants
• refugees
• humanitarian and compassionate considerations
• inadmissibility
• detention and release
• pre-removal risk assessments
• other enforcement-related matters

IRB rules

Each Division of the IRB has its own set of rules. Subsection 161(1) of the IRPA gives the IRB authority to make these rules.

​These rules set out practices and procedures for how each Division will hear and decide its cases.  Decision makers must follow and apply the rules, but some rules provide flexibility if needed.

The rules also direct people who appear before the IRB (and their counsel) on how to present their cases to the IRB.

• The Immigration Division Rules came into force on June 28, 2002.
• The Immigration Appeal Division Rules, 2022, came into force on January 16, 2023.
• The current Refugee Appeal Division Rules came into force on December 15, 2012.
• The current Refugee Protection Division Rules came into force on December 15, 2012.
• The IRPA also requires the Chairperson and other members of the Board to swear the oath or give the solemn affirmation set out in the rules. The oath or affirmation requires decision makers to carry out their duties impartially and to the best of their ability, and to keep information confidential. The oath is set out in the Oath or Solemn Affirmation of Office Rules.

Important: In addition to the rules themselves, a Division may issue practice notices to clarify the application of the rules or set out procedures not covered in the rules. You should review the practice notices for the Division responsible for your proceeding before you submit documents to the IRB or attend your proceeding. More information about practice notices is available, including a list of all practice notices currently in effect.