Section 62 — Immigration and Refugee Board
Text of provision
The Immigration Appeal Division is the competent Division of the Board with respect to appeals under this Division.
Plain English
Section 62 establishes the Immigration and Refugee Board of Canada (IRB) as an independent administrative tribunal. The IRB consists of four divisions:
- Immigration Division (ID) — hears admissibility hearings and detention reviews;
- Immigration Appeal Division (IAD) — hears appeals from sponsorship refusals, removal orders, and residency obligation violations;
- Refugee Protection Division (RPD) — determines refugee claims; and
- Refugee Appeal Division (RAD) — hears appeals from RPD decisions.
Practical effect
The IRB is the primary adjudicative body for immigration and refugee matters in Canada. Its decisions are subject to judicial review by the Federal Court (and the Federal Court of Appeal on certified questions of general importance).
IRB members are Governor-in-Council appointees (for the IAD and RPD/RAD) or public servants (for the ID). Proceedings are conducted in accordance with the rules and guidelines specific to each division.