What is the IRB?

The Immigration and Refugee Board of Canada (IRB) is Canada's independent administrative tribunal that decides immigration and refugee matters. It is separate from IRCC — IRCC processes applications and makes initial decisions; the IRB is the tribunal where certain disputes and protection claims are decided independently.

The IRB operates under the Immigration and Refugee Protection Act (IRPA). Its decisions are subject to judicial review at the Federal Court.

The four IRB divisions

The IRB has four divisions, each with a specific mandate:

1. Refugee Protection Division (RPD)

First-instance tribunal that decides refugee-protection claims under IRPA sections 96 and 97. Hears claims by individuals already in Canada seeking refugee protection. Hearings are typically held in person or virtually with the claimant, claimant's counsel, an interpreter (if needed), and an RPD Member acting as decision-maker.

2. Refugee Appeal Division (RAD)

Hears appeals from RPD decisions. Most RPD decisions can be appealed to the RAD within 15 days of receipt of reasons. The RAD typically conducts a paper-based review (no in-person hearing) and either confirms the RPD decision, substitutes its own decision, or refers the matter back for re-hearing.

3. Immigration Division (ID)

Decides admissibility and detention matters. Holds detention reviews (every 48 hours, 7 days, then 30 days for detained foreign nationals), inadmissibility hearings (criminality, security, organized criminality, human-rights violations), and removal-order proceedings.

4. Immigration Appeal Division (IAD)

Hears appeals from: sponsorship refusals, removal orders against permanent residents and protected persons, residence-obligation breach findings against PRs, and certain other matters. IAD appeals must typically be filed within 30 days of the decision being appealed.

IRB regional offices

• Toronto Regional Office — by far the largest, hearing most Ontario refugee, IAD, and ID matters.
• Montreal Regional Office — Quebec and Atlantic Canada.
• Vancouver Regional Office — British Columbia.
• Calgary Regional Office — Alberta (and some Western Canada matters).

Working with the IRB

• Representation: claimants can self-represent or be represented by a licensed RCIC-IRB (Class L3), an immigration lawyer, or in some cases a designated paralegal or counsel approved by the IRB.
• Legal Aid: provincial legal aid programs cover most refugee-protection and certain IAD cases. Legal Aid Ontario, Legal Aid BC, Commission des services juridiques (Quebec).
• Interpreters: provided by the IRB for hearings; the claimant identifies their preferred language at intake.

Common gotchas

• Hearing-date strictness. Missing a scheduled hearing without notice can result in the claim being declared abandoned.
• Disclosure deadlines. Documentary evidence must typically be filed 10 days before an RPD hearing. Late disclosure may be refused.
• Appeal deadlines. RAD appeals must be filed within 15 days of RPD reasons; IAD appeals typically within 30 days. Missing these forfeits the appeal route permanently.

See also

• RPD, RAD — refugee divisions.
• IRCC — the separate department.
• IRB Hearings & Appeals service.