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Description
The Immigration and Refugee Board of Canada (IRB) is developing new Immigration Appeal Division (IAD) Rules to replace the existing
IAD Rules. The
IAD Rules establish the processes to be followed in appeals on immigration-related matters before the
IAD. The objective of the new
IAD Rules is to clarify, simplify and modernize the
IAD Rules, in order to:
- Enhance efficiency and reduce the overall time it takes to finalize appeals;
- Create consistency with Rules of other
IRB Divisions where appropriate;
- Augment access to justice for those involved in immigration processes by writing the
IAD Rules in a simpler and more plain language format; and
- Address recommendations by the Standing Joint Committee for the Scrutiny of Regulations in its review of the
IAD Rules between 2007 and 2009, most recently on April 27, 2009, including amendments to correct technical errors and/or to correct inconsistencies between the English and French versions of the
IAD Rules, as well as other recommendations such as providing a minimum time frame for the notice of hearing at the
IAD.
Enabling Act: the
Immigration and Refugee Protection Act
Regulatory cooperation efforts (domestic and international)
The new Rules will aim to ensure commonality where appropriate with other
IRB Divisional Rules, and are aligned with other relevant regulations under the Immigration and Refugee Protection Act.
This initiative does not fall under a formal regulatory cooperation work plan.
Potential impacts on Canadians, including business
The changes are expected to improve access to justice for Canadians and others who wish to appeal a decision on an immigration matter, as well as benefit them by providing them with decisions on their appeal in a more timely fashion. The enhanced efficiency of the processes is also expected to result in cost-savings at the
IRB.
There are no expected business impacts. The new
IAD Rules may introduce additional administrative or other requirements in immigration appeal proceedings. Additional costs, if any, are expected to be minimal and borne by the parties to the proceedings rather than businesses such as law firms.
Consultations
The
IAD has engaged stakeholders and portfolio partners [Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA)], Bar Associations, immigration and refugee advocacy groups, and lawyers and immigration consultants, on the modernization of the
IAD Rules in 2016, and again on an early draft of the new
IAD Rules in the winter of 2018-19.
These stakeholders, as well as the general public, will have a further opportunity to comment on the new
IAD Rules when they are pre-published in the Canada Gazette, Part I.
Additional information
The following are resources that support this regulatory initiative:
Enquiries
For further information, contact:
Senior Director, Policy, Outreach and Engagement Directorate
Policy, Planning and Corporate Affairs Branch
Minto Place – Canada Building
344 Slater Street, 12th floor
Ottawa, Ontario K1A 0K1
IRB.Policy-Politiques.CISR@irb-cisr.gc.ca
Date this regulatory initiative was first included in the
IRB's Forward Regulatory Plan
March 29, 2019