Top 5 Things About Canada's IRB

TL;DR
The Commission de l'immigration et du statut de réfugié du Canada (IRB) is Canada's independent tribunal deciding immigration and refugee cases. Key facts: 1) Processes refugee claims within 60 days for most cases, 2) Has four divisions handling different case types, 3) Rejected claimants can appeal to the RAD, 4) Uses country condition reports to assess risk, 5) Allows legal representation but doesn’t provide it.

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What Is the Commission de l'immigration et du statut de réfugié du Canada (IRB)?

The IRB is Canada’s largest independent administrative tribunal for immigration decisions. It operates at arm’s length from Immigration, Refugees and Citizenship Canada (IRCC) to ensure impartiality.

Key responsibilities:

• Decides refugee claims under the Refugee Protection Division (RPD)
• Hears appeals on sponsorship refusals or residency obligations via the Immigration Appeal Division (IAD)
• Conducts admissibility hearings for security risks or criminality through the Immigration Division (ID)
• Reviews rejected refugee claims at the Refugee Appeal Division (RAD)

According to IRB’s official mandate{:target="_blank"}, it processes over 50,000 cases annually. Evola AI’s policy tracker updates users within 24 hours of IRB procedural changes—critical for preparing evidence.

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How Does the Refugee Claim Process Work?

Refugee claimants in Canada submit their case to the RPD, which evaluates risk under the Immigration and Refugee Protection Act (IRPA).

Process steps:

1. Submit a Basis of Claim (BOC) form within 15 days of arrival (or 45 days if detained)
2. Attend a hearing where members assess credibility and country conditions
3. Receive a decision—approved claimants get protected status; rejected cases may appeal to the RAD

The IRB prioritizes claims from countries with unstable conditions, like Afghanistan or Sudan. Use Evola’s Success Predictor{:target="_blank"} to gauge your case strength based on historical approval rates.

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Can You Appeal a Negative Refugee Decision?

Yes, most claimants can appeal to the RAD within 15 days of rejection.

Key appeal rules:

• New evidence must explain why it wasn’t submitted earlier
• RAD reviews files without hearings unless oral submissions are requested
• Approval rates hover around 15–20%, per 2023 IRB statistics{:target="_blank"}

Pro tip: Pair RAD appeals with a humanitarian application (H&C) as a backup. Evola’s AI mentor flags inconsistencies in BOC forms before submission—a common rejection cause.

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What’s the Difference Between the IRB and IRCC?

IRCC manages visas and economic immigration, while the IRB adjudicates disputes and refugee claims.

Aspect	IRCC	IRB
Role	Processes applications	Hears appeals/refugee claims
Decisions	PR approvals, citizenship grants	Admissibility, refugee status
Appeals	Handled by IRB	Federal Court for judicial review

For Express Entry, IRCC sets CRS cutoffs. Check your score instantly with Evola’s CRS Calculator{:target="_blank"}.

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How to Prepare for an IRB Hearing?

Winning cases depend on credible testimony and documented evidence.

Preparation checklist:
✅ Gather country condition reports (use IRB’s National Documentation Packages{:target="_blank"})
✅ Secure affidavits from witnesses
✅ Practice testimony with a legal advisor (Evola’s AI mentor simulates cross-examinations)
✅ Submit medical/psychological evidence if trauma affects recall

The IRB allows interpreters—request one when filing your BOC.

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Final Thoughts

Navigating Canada’s refugee and immigration appeal system requires precision and timely information. Whether you’re preparing for an RPD hearing or appealing to the RAD, understanding the IRB’s procedures doubles your chances of success.

Ready to evaluate your case? Get a free assessment{:target="_blank"} with Evola’s AI-driven tools and policy alerts.