Organization Profile - Immigration and Refugee Board

Minister of Immigration, Refugees and Citizenship

The Immigration and Refugee Board of Canada (IRB) is Canada's largest independent administrative tribunal. It is responsible for making well-reasoned decisions on immigration and refugee matters, efficiently, fairly and in accordance with the law. The IRB decides, among other responsibilities, who needs refugee protection among the thousands of claimants who come to Canada annually.

Ottawa, Ontario

Immigration and Refugee Protection Act

The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division. The Board is composed of a Chairperson and other members as are required to ensure the proper functioning of the Board.

The Chairperson and members of the Refugee Appeal Division and the Immigration Appeal Division:

• are appointed to the Board by the Governor in Council, to hold office during good behaviour for a term not exceeding seven years, subject to removal by the Governor in Council at any time for cause, to serve in a regional or district office of the Board;
• are eligible for reappointment in the same or another capacity;
• may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions under this Act; and
• if appointed as full-time members, must devote the whole of their time to the performance of their duties under this Act.

One Deputy Chairperson and not more than ten Assistant Deputy Chairpersons are to be designated by the Governor in Council for each of the Refugee Appeal Division and Immigration Appeal Division from among the full-time members of those Divisions. The Chairperson and the Deputy Chairpersons and Assistant Deputy Chairpersons of these Divisions are appointed on a full-time basis and the other members are appointed on a full-time or part-time basis.

The Chairperson is, by virtue of holding that office, a member of each Division of the Board and is the chief executive officer of the Board. The Chairperson must live in the National Capital Region or within reasonable commuting distance of it.

The Deputy Chairperson of the Immigration Appeal Division and a majority of the Assistant Deputy Chairpersons of that Division and at least ten per cent of the members of the Divisions must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec.

In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Minister may authorize one of the Deputy Chairpersons or any other member of the Board to act as Chairperson.

The Chairperson and members of the Refugee Appeal Division and Immigration Appeal Division may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions; and if appointed as full-time members, must devote the whole of their time to the performance of their duties. The Deputy Chairperson of the Immigration Appeal Division and a majority of the Assistant Deputy Chairpersons of that Division and at least 10 per cent of the members of the Refugee Appeal Division and the Immigration Appeal Division must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec.