Section 151 — Immigration and Refugee Board established
Text of provision
The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.
Plain English
Section 151 formally establishes the Immigration and Refugee Board of Canada (IRB) as a body corporate. The IRB is an administrative tribunal that operates independently from IRCC and CBSA. It exercises quasi-judicial functions in immigration and refugee matters that are not decided by IRCC or CBSA officers.
The IRB has four divisions: the Refugee Protection Division (RPD), the Refugee Appeal Division (RAD), the Immigration Division (ID), and the Immigration Appeal Division (IAD). Each division has distinct jurisdiction.
Practical effect
The establishment of the IRB as a statutory body means that its decisions are subject to judicial review by the Federal Court under s 72, but are not subject to the ordinary civil court hierarchy. IRB members are Governor in Council appointees (for the RPD and RAD) or public servants (for the ID and IAD, following reforms). The IRB's independence from the government departments that administer immigration policy is a structural safeguard for procedural fairness.