Policy Making in the Immigration and Refugee Board of Canada
The scope and scale of the task the IRB has in adjudicating a diverse range of immigration and refugee matters in four Divisions means that the Board cannot rely solely on the guidance that legislation and judicial decisions provide. The Immigration and Refugee Protection Act and Regulations provide general guidance, but leave much latitude for interpretation. Judicial guidance is also limited: IRB decisions are subject to judicial review by the Federal Court, but only with leave and the judicial review process does not resolve every ambiguity or gap in law or practice. Where it considers advisable, the IRB seeks to fill this gap through mechanisms it has generated to improve the quality of the justice it delivers. Its efforts in this regard constitute policy-making.