Section 173 — Staff and accommodation
Text of provision
The Immigration Division, in any proceeding before it,
(a) must, where practicable, hold a hearing;
(b) must give notice of the proceeding to the Minister and to the person who is the subject of the proceeding and hear the matter without delay;
(c) is not bound by any legal or technical rules of evidence; and
(d) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.
Plain English
Section 173 provides that the employees necessary for the proper conduct of the business of the Board shall be appointed in accordance with the Public Service Employment Act. The Board is provided with office accommodation by the Minister of Public Works and Government Services.
This is an administrative provision ensuring the IRB has the human and physical resources to operate as an independent tribunal.
Practical effect
The staffing and accommodation provisions affect the IRB's capacity to hear cases. The IRB has faced significant backlogs due to a combination of high claim volumes and insufficient staff and member complement. The government periodically announces additional resources for the IRB (more members, more staff, more hearing rooms) in response to backlogs. The physical and human infrastructure of the IRB is ultimately a government funding decision.