Chairperson Guideline 6 — Scheduling and Changing the Date or Time of a Proceeding — provides the framework for how the IRB schedules proceedings and how parties may request a change to the date or time of a scheduled hearing or proceeding. The Guideline applies to all four IRB divisions: the Refugee Protection Division (RPD), the Refugee Appeal Division (RAD), the Immigration Division (ID), and the Immigration Appeal Division (IAD).

The central principle of the Guideline is that proceedings should be dealt with as efficiently and promptly as possible, consistent with procedural fairness. A hearing should proceed on the scheduled date unless there is a genuine and material reason to change it. Unnecessary adjournments delay the resolution of claims for all parties and burden the IRB's capacity.

• IRPA s 162(2) — the IRB shall deal with all proceedings as informally and quickly as the circumstances and considerations of fairness and natural justice permit
• IRPA s 159(1)(h) — the Chairperson's authority to issue guidelines
• RPD Rules, RAD Rules, ID Rules, IAD Rules — the division-specific procedural rules set out the formal requirements for change requests; the Guideline supplements and interprets those rules

When can a party request a change to the date or time?

A party (claimant, Minister, or counsel) may request a change to the date or time of a scheduled proceeding. The Guideline identifies the factors members consider when deciding whether to grant a change request:

• Whether the reason for the request is genuine — illness of a party or counsel, a scheduling conflict that could not be anticipated or avoided, a significant and newly arisen issue in the case, or the unavailability of a critical witness are examples of genuine reasons
• Whether the request was made as early as possible — a change request made at the last minute is less favourable than one made as soon as the problem was known; parties must bring a known scheduling issue to the IRB's attention promptly
• Whether the change prejudices any party — the Minister, other parties, and the integrity of the system as a whole are affected by delays; unnecessary delays may be prejudicial
• Whether the proceeding can be completed within the available time — if the original hearing time is insufficient, that may justify a request

How to make a change request

A request to change the date or time of a proceeding must be made in accordance with the applicable division's rules — in writing, within the time limits specified, and with reasons. Members are expected to consider and decide on change requests promptly. Oral requests at the start of a hearing (last-minute adjournment requests) are generally disfavoured and will be granted only in compelling circumstances.

Consequences of failing to appear

If a party fails to appear at a scheduled proceeding without a reasonable excuse, the division may:

• For the RPD: proceed in the absence of the claimant and make a determination on the claim, or declare the claim abandoned under the RPD Rules
• For the RAD: proceed in the absence of the appellant
• For the ID: proceed in the absence of the person subject to the hearing
• For the IAD: proceed in the absence of the appellant

An abandonment finding has serious consequences — for refugee claimants, it can result in the claim being dismissed without a hearing on the merits. A person whose claim is found abandoned may apply to have the abandonment set aside if there was a genuine reason for the failure to appear; the threshold for this is high.

Counsel's obligation

Counsel has a professional obligation to manage scheduling conflicts proactively and to advise clients of hearing dates immediately. A scheduling conflict arising from counsel's own calendar is generally not a compelling reason for a last-minute adjournment, as counsel is expected to manage their professional commitments to ensure that IRB hearings — which have priority implications for clients — are not delayed. Where counsel genuinely cannot attend, adequate notice must be given so that the client can arrange alternate representation or seek a timely adjournment.

The full text of Guideline 6 is available on the IRB guidelines page. Each division's rules contain specific provisions on change requests — practitioners should consult both the Guideline and the applicable rules for the division in which the proceeding is taking place.

The RPD has published its own scheduling priorities and practices. Current information is available on the RPD scheduling page. Hearing dates and scheduling policies are subject to change and practitioners should monitor the IRB website for current practice notices.