Section 165 — Powers of the Board
Text of provision
The Refugee Protection Division, the Refugee Appeal Division and the Immigration Division and each member of those Divisions have the powers and authority of a commissioner appointed under Part I of the Inquiries Act and may do any other thing they consider necessary to provide a full and proper hearing.
Plain English
Section 165 provides that a division of the IRB has, in relation to proceedings before it, the power to summon witnesses and require the production of documents, to administer oaths and affirmations, to issue orders and give directions, and to do any other thing necessary to conduct its proceedings.
These powers are comparable to those of a superior court of record in relation to evidence and procedure, though the IRB is not a court of record.
Practical effect
The broad evidentiary powers of the IRB mean that members can call their own evidence if necessary, require disclosure of documents held by parties or third parties, and assess all relevant evidence without the constraints of the formal rules of evidence that apply in courts. In practice, IRB proceedings are document-intensive — country condition evidence, personal documents, and expert reports are regularly submitted and assessed. The powers under s 165 are used primarily to manage proceedings efficiently rather than compel reluctant witnesses.