This Practice Notice provides information regarding the scheduling of virtual, hybrid and in-person hearings of the Immigration and Refugee Board of Canada (IRB).
The IRB is committed to ensuring access to justice, while protecting the health and safety of all those who appear before the Board. To best achieve these objectives, the IRB schedules virtual, hybrid and in-person hearings.
Virtual hearing: Hearings where all parties attend virtually using telephone or videoconferencing software such as Microsoft Teams. In a virtual hearing, all parties attend from a remote location, such as their home or office, using their own equipment (computer, tablet, etc.).
Hybrid hearing: Hearings where one or more of the parties, but not all, participate virtually from a remote location while the other(s) participate from an IRB office. A hybrid hearing could include a situation where a party participates from an IRB office while all other parties and the member participate virtually from another location, or where the member and one party participate from an IRB office while the other party participates virtually from another location. Parties not attending from an IRB office use their own equipment to participate virtually.
In-person hearing: Hearings where the member and the parties attend in-person in one room at an IRB office or another place designated by the IRB. Other participants, such as interpreters, may participate in-person or virtually at the Board’s discretion and subject to submissions from the parties as appropriate.
All IRB hearings are scheduled as virtual hearings by default. Hybrid or in-person hearings may be scheduled on request or at the discretion of the Board.
The Board will grant requests for hybrid or in-person hearings upon determining that it is necessary for reasons of fairness and natural justice.
In addition:
- the IRB will, subject to operational considerations, grant a request for a
hybrid hearing for any reason when the request is made in accordance with the time limits identified by the appropriate division. Requests made outside those time limits must include an explanation of why the request was not made on a timely basis along with any other considerations supporting the request
- the IRB may, subject to operational considerations, grant a request for an
in-person hearing for other compelling reasons, such as where the complexity, duration or other circumstances of the proceeding so warrant. Requests must be made in accordance with the time limits identified by the appropriate division. Requests made outside those time limits must include an explanation of why the request was not made on a timely basis
In-person hearings may be requested for hearings to be held on October 18, 2022, or later.
Divisional procedures
To request a hybrid or in-person hearing, please see the procedures for the appropriate division:
-
Refugee Protection Division
Request for a hybrid hearing
A request for a hybrid hearing may be made:
- before or at the time of scheduling the hearing
- up to ten working days prior to the hearing by
contacting the appropriate registry or
- within ten working days of the hearing by
contacting the appropriate registry in writing, including an explanation of why the request was not made on a timely basis along with any other considerations supporting the request
An application under the
Refugee Protection Division Rules (RPD Rules) is not necessary.
Request for an in-person hearing
A request for an in-person hearing must be made by using this form: RPD application for an in-person hearing.
A complete form, sent at least 10 days before the hearing, or, if sent within 10 days of a hearing, including an explanation as to why it was not submitted in a timely way, will be considered to have met the requirements of an application under the
Refugee Protection Division Rules (RPD Rules).
A party may request an in-person hearing for a matter that has not yet been scheduled.
-
Refugee Appeal Division
Request a hybrid hearing
A request for a hybrid hearing may be made:
An application under the
Refugee Appeal Division Rules (RAD Rules) is not necessary.
Request an in-person hearing
A request for an in-person hearing should be made at the time the appellant is informed that a hearing is being scheduled; reasons specifying why an in-person hearing is necessary must also be provided at the same time.
A party may request an in-person hearing within ten working days of the hearing but must explain why the request was not made in a timely manner.
Requests should be made in writing to the appropriate registry.
-
Immigration Division
This Practice Notice applies to all Immigration Division proceedings, including application hearings and pre-hearing conferences.
Request a hybrid hearing for a non-detained admissibility hearing
A request for a hybrid hearing for a non-detained admissibility hearing may be made:
- at the time of scheduling the hearing
- up to five working days prior to the hearing by
contacting the appropriate registry in writing or
- within five working days of the hearing by
contacting the appropriate registry in writing, including an explanation of why the request was not made on a timely basis along with any other considerations supporting the request
Request an in-person hearing
A request for an in-person hearing may be made using this form:
ID application for an in-person hearing.
Where the person concerned is not detained
When a party to a non-detained admissibility hearing believes that an in-person hearing is necessary, they may make a request to the Immigration Division. In making this request, a party must:
- make the request in writing at the time of scheduling the hearing or as soon as possible thereafter
- include an explanation of why an in-person hearing is necessary and
- show that a copy of the request was sent to the other party, who will have an opportunity to provide their position with regard to the request
Where the person concerned is detained
When a party to a detention review or detained admissibility hearing believes that an in-person hearing is necessary, they may make a request to the Immigration Division.
Where a party is represented by counsel, counsel must:
- make the request in writing at the time of scheduling the hearing or as soon as possible thereafter to the appropriate registry
- include an explanation of why an in-person hearing is necessary and
- show that a copy of the request was sent to the other party, who will have an opportunity to provide their position with regard to the request
Where the person concerned is not represented by counsel, the Division will inform them that they may make a request for an in-person hearing. In these circumstances, the request may be made orally or in writing and the Division will provide the Minister with a copy of the request on behalf of the person concerned, if necessary.
In-person hearings for detained persons may be informed by considerations related to the ability to transport the detained person safely to a hearing room. Where a proceeding involves a detention review or a detained admissibility hearing and the person concerned is detained in a location from which transportation to the hearing is not feasible, the hearing will be held virtually. However, in these circumstances it is nonetheless open to a party to make a request for the member and other parties to participate together in the same location while the person concerned connects virtually. Such requests should follow the steps set out above.
-
Immigration Appeal Division
This Practice Notice applies to all immigration appeal proceedings, such as Alternative Dispute Resolution conferences or pre-hearing conferences.
Request a hybrid hearing
A request for a hybrid hearing may be made:
- before or at the time of scheduling the hearing or
- up to ten working days prior to the hearing by
contacting the appropriate registry or
- within ten working days of the hearing by
contacting the appropriate registry in writing (preferably by email) after the hearing is scheduled, including an explanation of why the request was not made on a timely basis along with any other considerations supporting the request
Request an in-person hearing
A request for an in-person hearing must:
- be made at the time of scheduling the hearing and
- include the reasons why an in-person hearing is necessary
A party may request an in-person hearing for a matter that has already been scheduled, but must explain why the request was not made at the time of scheduling.
Requests should be made in writing to the appropriate registry.
The Immigration Appeal Division will generally not require a response from the Minister on a request made by another party for an in-person hearing. When necessary, the Immigration Appeal Division will request the Minister’s position.
Authority
Paragraph 159(1)(f) of the
Immigration and Refugee Protection Act provides that the Chairperson of the IRB fixes the place, date and time of proceedings and section 164 provides that, at the discretion of the Division, hearings may be conducted in the presence of, or by means of live telecommunication with, the person who is the subject of the proceedings.
Effective date
This Practice Notice comes into effect on September 20, 2022.
Richard Wex
Chairperson, IRB