Act, Rules and Regulations
The Immigration and Refugee Protection Act provides the IRB's jurisdiction to hear and decide cases on immigration and refugee matters. The Act sets out the core principles and concepts that govern Canada's immigration and refugee protection programs, including provisions relating to refugees, sponsorships and removals, detention reviews and admissibility hearings, and the jurisdiction and powers of tribunals.
The Immigration and Refugee Protection Act came into force on June 28, 2002.
On December 15, 2012, the system for determining refugee claims made in Canada underwent significant changes as a result of the coming into force of amendments to the Immigration and Refugee Protection Act from the Balanced Refugee Reform Act and the Protecting Canada's Immigration System Act, as well as related accompanying regulations.
Each set of Divisional Rules establishes the practices and required procedures for the Division. The Rules of each Division are binding, although certain Rules expressly grant discretion.
Rules provide direction to decision-makers and serve to direct users of the tribunals in their presentation of cases before the Board. The Immigration and Refugee Protection Act, in s. 161(1), provides statutory authority for the Rules.
The Immigration Appeal Division Rules and the Immigration Division Rules came into force on June 28, 2002.
The current versions of the Refugee Appeal Division Rules and the Refugee Protection Division Rules came into force on December 15, 2012.
The Immigration and Refugee Protection Act provides that the Chairperson and other members of the Board must swear the oath or give the solemn affirmation of office set out in the rules of the Board.
Rules of the Federal Court
The Immigration and Refugee Protection Regulations (Regulations) relate to temporary foreign workers, students, the examination of persons seeking entry, the permanent resident card, residency obligations, the family class, the selection of skilled workers and business immigrants, refugees, humanitarian and compassionate considerations, inadmissibility, detention and release, pre-removal risk assessments and other enforcement-related matters. These regulations, which came into force on June 28, 2002, have since been amended.
One significant amendment is the Regulations Amending the Immigration and Refugee Protection Regulations, which set processing time limits for refugee claims at the Refugee Protection Division and appeals at the Refugee Appeal Division. These regulations came into force on December 15, 2012.