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This Practice Notice provides information regarding the scheduling of virtual and in-person hearings of the Immigration and Refugee Board of Canada (IRB).
The
IRB is committed to optimizing access to justice to all those appearing before the Board. This includes putting in place efficient and effective processes, recognizing the particular situations and needs of those appearing before the Board. To best achieve these objectives, the
IRB schedules virtual and in-person hearings.
Virtual hearing: Hearings where all parties attend virtually using telephone or videoconferencing software such as Microsoft Teams. In a virtual hearing, parties attend from various locations, such as their home or office using their own equipment (computer, tablet, etc.), or from
IRB premises using
IRB equipment. Access to
IRB premises and equipment is available upon request, subject to operational limitations.
In-person hearing: Hearings where the member and the person who is the subject of the proceedings attend in-person in one room at an
IRB office or another place designated by the
IRB. Other parties and participants, such as the Minister, designated representative, and interpreters, may participate in-person or virtually at the Board's discretion, taking into consideration any submissions made.
All
IRB hearings are scheduled as virtual hearings by default. Individuals can request the use of
IRB premises and equipment to participate in virtual hearings. In-person hearings may be scheduled upon request or at the discretion of the Board.
The Board will grant requests for in-person hearings upon determining that it is necessary for reasons of fairness and natural justice.
In addition:
- the
IRB may, subject to operational considerations, grant a request for an
in-person hearing:
- without the need to provide reasons in certain circumstances as outlined in the divisional instructions below.
- for other compelling reasons, such as where the complexity, duration or other circumstances of the proceeding so warrant.
- requests must be made in accordance with the time limits and specifications identified by the appropriate division below.
Divisional procedures
To request an in-person hearing, please see the procedures for the appropriate division:
Refugee Protection Division
Request to use
IRB premises/equipment for a virtual hearing
A request to use
IRB premises and equipment for a virtual hearing may be made:
An application under the
Refugee Protection Division Rules (RPD Rules) is not necessary.
Request for an in-person hearing
A request for an in-person hearing may be made:
A party may request an in-person hearing for a matter that has not yet been scheduled.
A completed form will be considered to have met the requirements of an application under the
Refugee Protection Division Rules (RPD Rules).
Parties are required to provide reasons why an in-person hearing is required,
unless the party:
- is not represented by counsel;
- has previously been granted, or has requested procedural accommodations under Chairperson's Guideline 8 (persons who require accommodations due to vulnerabilities);
- is detained;
- is an unaccompanied minor; or
- is subject to a special hearing on abandonment.
In these situations, the
RPD will grant requests for in-person hearings, subject to operational limitations, without the need for the party to provide reasons.
When an interpreter is required, the
RPD will schedule the interpreter to attend the hearing in-person with the claimant or protected person, unless it is not practicable.
Refugee Appeal Division
Request to use
IRB premises and equipment for a virtual hearing
A request to use
IRB premises and equipment for a virtual hearing may be made in writing to
the appropriate registry:
- at the time of scheduling the hearing;
- up to ten working days prior to the hearing; or
- within ten working days of the hearing, including an explanation of why the request was not made on a timely basis along with any other considerations supporting the request.
An application under the
Refugee Appeal Division Rules (RAD Rules) is not necessary.
Request for an in-person hearing
A request for an in-person hearing should be made in writing to
the appropriate registry at the time the appellant is informed that a hearing is being scheduled.
A party may request an in-person hearing within ten working days of the hearing but must explain in writing why the request was not made in a timely manner.
When an interpreter is required, the
RAD will schedule the interpreter to attend the hearing in-person with the appellant, unless it is not practicable.
Immigration Division
This Practice Notice applies to all Immigration Division (ID) proceedings, including application hearings and pre-hearing conferences.
The
ID schedules all of its hearings as virtual hearings by default. Where operationally feasible and subject to health and safety considerations, it will schedule in-person hearings when requested by a party or at its own initiative.
The
ID strives to schedule hearings using the method preferred by the parties. No explanation or rationale will be required to support a request for an in-person hearing or to use
IRB premises and equipment. Such requests will be granted provided they are made in accordance with the timelines set out below, and subject to the limitations described in this practice notice.
Request for an in-person hearing or to use
IRB premises and equipment for a virtual hearing:
Where the person concerned is not detained
A request for an in-person hearing or to use
IRB premises and equipment for a virtual hearing where the person concerned is not detained may be made:
- before or at the time of scheduling the hearing, or at a pre-hearing conference, if any.
- up to five working days prior to the hearing by
contacting the appropriate registry in writing. The Division strongly encourages parties to communicate by email to avoid delays in processing requests.
Where the person concerned is detained
The Division's ability to conduct in-person hearings for detained persons is informed by considerations related to whether it is possible to transport the detained person safely to a hearing room. Where the person concerned is detained in a location from which transportation to the hearing room is not feasible, the person concerned will attend virtually.
Where a proceeding involves an individual detained at an Immigration Holding Centre (IHC), parties may request an in-person hearing where the proceeding relates either to a 30-day detention review or an admissibility hearing. Such hearings will generally be held in a hearing room at the
IHC. Parties wishing to make such a request may do so in the following manner:
- orally at a hearing, when the request relates to a subsequent 30-day detention review or admissibility hearing, or at a pre-hearing conference, if any.
- up to five working days prior to the hearing by
contacting the appropriate registry in writing. The Division strongly encourages parties to communicate by email to avoid delays in processing requests.
In-person hearings for 48-hour and 7-day detention reviews generally cannot be considered due to operational limitations and the short timelines involved.
If a hearing is scheduled in-person, all parties are expected to participate in-person. Whenever an in-person hearing request is granted by the
ID, the member will be present in the hearing room with the person who is the subject of the proceedings, and their counsel, if applicable, as well as the Minister. If the Minister or other participants, such as the designated representative, need to participate virtually at an in-person hearing, they must notify the registry and the other party
in writing by email at least three working days prior to the hearing.
When an interpreter is required, the
ID will schedule the interpreter to attend the hearing in-person with the person concerned, unless it is not practicable.
Where a hearing participant other than the person concerned wishes to make use of
IRB premises and equipment for a hearing, they may do so:
- up to five working days prior to the hearing by
contacting the appropriate registry in writing. The Division strongly encourages parties to communicate by email to avoid delays in processing requests.
Immigration Appeal Division
This Practice Notice applies to all immigration appeal proceedings, including Alternative Dispute Resolution conferences or pre-hearing conferences.
All hearings at the Immigration Appeal Division (IAD) are scheduled as virtual hearings by default. A party may request an in-person hearing or to use
IRB premises and equipment for a virtual hearing as set out in the procedures below.
Request to use
IRB premises and equipment for a virtual hearing
A request to use
IRB premises and equipment for a virtual hearing may be made
in writing to the appropriate registry:
- before or at the time of scheduling the hearing, or
- up to ten working days prior to the hearing, or
- within ten working days of the hearing, with an explanation of why the request was not made on a timely basis along with any other considerations supporting the request.
Request for an in-person hearing
A request for an in-person hearing may be made
in writing to the appropriate registry before or at the time of scheduling the hearing.
The request must include reasons why an in-person hearing is required,
except in the case of:
- a request made by the appellant in a removal order appeal, or
- a request made by the respondent in a Minister's appeal.
In such exceptions, the
IAD will grant requests for in-person hearings, subject to operational limitations, without the need for the party to provide reasons.
A party may request an in-person hearing for a matter that has already been scheduled, but must explain why the request was not made at the time of scheduling.
The
IAD will generally not require a response from the Minister on a request made by the other party for an in-person hearing. When necessary, the
IAD will request the Minister's position.
If a hearing is scheduled in-person, all parties must participate in-person unless the
IAD permits a party to participate virtually. Requests to participate virtually in an in-person hearing must be made at least 10 working days before the scheduled hearing and must include reasons why the party cannot attend in-person.
When an interpreter is required, the
IAD will schedule the interpreter to attend the hearing in-person with the appellant, unless it is not practicable.
Authority
Paragraph 159(1)(f) of the
Immigration and Refugee Protection Act provides that the Chairperson of the
IRB fixes the place, date and time of proceedings and section 164 provides that, at the discretion of the Division, hearings may be conducted in the presence of, or by means of live telecommunication with, the person who is the subject of the proceedings.
Effective date
This Practice Notice comes into effect immediately, for hearings scheduled on or after Tuesday, September 5, 2023.