Designated representative (immigration proceedings)
Statutory definition
IRPA s 167 requires that where a person before the IRB is under 18 or unable to appreciate the nature of the proceedings due to a mental or physical condition, the Division must designate a representative for that person. The representative must be an adult with the best interests of the person at heart and willing to act as a representative. The designated representative assists the person in understanding and participating in the proceedings.
Explanation
The designated representative role is particularly important in refugee proceedings involving unaccompanied minors or persons with severe mental health conditions. The representative is not a lawyer — they are an adult (often a relative, social worker, or settlement worker) designated by the Board. They work alongside legal counsel (if any) to ensure the person's interests are protected. The obligation to designate a representative is a mandatory procedural step; failure to do so where required is a ground for judicial review.