Immigration and Refugee Board of Canada announces new rules governing refugee determination

The Chairperson's New Rules take Effect on December 15, 2012

The Protecting Canada’s Immigration System Act (PCISA) and the Balanced Refugee Reform Act (BRRA) have introduced several significant changes to the refugee determination process in Canada. To implement these changes, and to meet the expectations and time limits set out in the legislation and accompanying regulations, the Immigration and Refugee Board of Canada (IRB) has developed new Chairperson's rules in accordance with the governing legislation for both the Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD). The new rules address, where appropriate, comments received from stakeholders and the public during the consultation process this past summer.

Both the RPD and the RAD require their own respective rules of practice and procedure, which set out how refugee protection claims and appeals are processed. These rules are critical to parties and their counsel as well as members and staff to ensure fair, consistent and effective case processing and decision-making.

The new rules will apply to all participants in the refugee determination process, including claimants, appellants, counsel, the Minister’s representative, as well as IRB members and staff. The rules also apply to anyone, such as the news media, who may apply to have RPD or RAD proceedings conducted in public, as well as to the United Nations High Commissioner for Refugees and interveners (interested persons) at the RAD.

The revised Claimant's Kit, to be used following December 15, 2012, is now available. To learn more about the BRRA and the PCISA, please visit Citizenship and Immigration Canada’s Web site.

Frequently Asked Questions about the new rules.