Designated representative competency profile

​​​​​Designated representatives provide services to subjects of proceedings (subjects) on behalf of the Immigration and Refugee Board of Canada (IRB) pursuant to subsection 167(2) of the Immigration and Refugee Protection Act. Their key role is to protect and advance the interests of the subjects they represent, that is minors or persons unable, in the opinion of the applicable Division, to appreciate the nature of the proceedings.

Where family members are unable to fulfill the role of designated representative, the IRB must engage independent contractors to fulfill this role to ensure the fairness of its proceedings. The IRB needs to ensure contractors have the requisite competencies to perform the work.

Given the critical role of the designated representative, this competency profile will assist the IRB in its recruitment efforts and help persons seeking to offer their services as a designated representative ensure they fully understand the competency requirements for carrying out the work.

Core competencies

Those competencies are defined as the knowledge, skills, abilities and behaviours that designated representatives must use in fulfilling their responsibilities. The following core competencies relate to how designated representatives interact with the subjects they represent and how they perform the work to protect and advance the subjects’ interests:

  1. Demonstrating integrity and respect
  2. Working effectively with subjects represented and other hearing participants
  3. Thinking things through: understanding a situation, issue, challenge
  4. Showing initiative and being action-oriented
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Expected behaviours

Expected behaviours are associated with core competencies. In accordance with the Quality Control Program, behavioural indicators recognize that how work is completed is just as important as what work is completed.

Expected behavioural criteria associated with each core competency are set out below.

  1. Demonstrating integrity and respect
    • Being committed to delivering high-quality services aligned with the role and responsibilities described in the Designated Representative Guide.
    • Establishing an open and trusting relationship with the subjects.
    • Demonstrating a commitment to act in the best interests of the subjects, and giving effect to the subjects’ intentions and wishes.
    • Demonstrating transparency and fairness in all dealings with the subjects represented.
    • Demonstrating respect for the subjects represented.
    • Being aware and prepared for the fact that sensitive and emotional issues may arise during proceedings or other interactions with the subjects.
    • Showing a sensitive attitude to minors and persons unable to appreciate the nature of the proceedings, recognizing the mental health issues and/or trauma they may have experienced.
    • Demonstrating an ability to work with people with mental illness, to identify their best interests and to act in those interests in often challenging circumstances.
    • Demonstrating respect for participants at IRB proceedings (members, counsel, Minister’s counsel, registry representatives, interpreters, etc.).
    • Respecting the confidentiality of the proceedings.
    • Identifying and communicating ethical concerns or potential conflicts of interests to both the subjects and the IRB (i.e. the presiding member or the contracting authority​).
  2. Working effectively with the subjects represented and other hearing participants
    • Maintaining collaborative relationships with the subjects through effective and timely communication to provide necessary information and services, and to identify issues that may be raised concerning their case.
    • Sharing all relevant case information with the subjects and their counsel.
    • Working collaboratively and relating effectively with subjects’ counsel, and addressing any disagreement respectfully while ensuring at all times that the case presented puts forward the best interests of the subjects.
    • To the extent possible, listening actively to the views of the subjects, and respecting, considering and incorporating them into any oral or written communication concerning the case.
    • To the extent possible, taking the necessary steps to understand the subjects’ needs.
    • Fostering effective two-way communication with the subjects represented and hearing participants.
  3. Thinking things through: understanding a situation, issue, challenge
    • Demonstrating a basic understanding of IRB immigration and refugee processes.
    • Demonstrating a basic understanding of the Immigration and Refugee Protection Act, Immigration and Refugee Protection Regulations, and Divisions’ rules of practice.
    • Demonstrating an understanding of the designated representative role and responsibilities, and those of other parties involved in the proceedings, as set out in the Designated Representative Guide.
    • Planning and adjusting the work based on an understanding of the nature of the proceedings, and seeking clarification from the subjects, counsel, or the IRB when uncertain.
    • Exercising sound judgment and obtaining relevant facts before making decisions for the subjects, including considering multiple sources of information if required.
    • Seeking information about and reaching out to resources and options available for the subjects represented in support of their case.
  4. Showing initiative and being action-oriented
    • Prioritizing the work to meet the subjects’ needs within sometimes tight timelines set out in the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations, and Divisions’ rules of practice.
    • Contributing to and actively participating in proceedings. This includes providing evidence and testifying, where appropriate.
    • Continually developing the knowledge and skills required to provide effective services by attending orientation sessions provided by the IRB if required and by reviewing orientation material available.
    • Actively seeking out opportunities to obtain additional knowledge or skills and to adopt new behaviours in an effort to effectively represent the subjects.

Personal qualities and skills

In addition to the core competencies, the following personal qualities and skills are required to be a designated representative:

  • Advocacy skills
  • Communication skills (oral and written)
  • Compassion
  • Cultural, racial, ethnic, religious and gender sensitivity
  • Dedication
  • Flexibility
  • Interviewing skills, including working with interpreters
  • Patience and persistence
  • Reliability
  • Research capabilities
  • Thoroughness
  • Tolerance for stress
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