Section 163 — Decisions by single member
Text of provision
Matters before a Division shall be conducted before a single member unless, except for matters before the Immigration Division, the Chairperson is of the opinion that a panel of three members should be constituted.
Plain English
Section 163 provides that the Chairperson may designate a single member of the relevant division to conduct and decide proceedings, except in cases where the Chairperson determines that a three-member panel is necessary given the complexity or importance of the matter.
Three-member panels have historically been used for high-stakes refugee claims involving new legal issues, but are now rarely convened given resource constraints.
Practical effect
Single-member hearings are the norm across all IRB divisions. The shift from three-member panels (which existed under the earlier Immigration Act) to single-member panels was motivated by efficiency. The trade-off is reduced consistency — different members may approach similar factual and legal issues differently, leading to variation in outcomes that can be difficult to explain to claimants and practitioners.