Refugee claims
Decides whether a claimant is a Convention refugee or a person in need of protection.
IRPA s.95–97, s.107Immigration hearings before the IRB, from Richmond Hill
Refugee claims, detention reviews, admissibility hearings and appeals go to the Immigration and Refugee Board. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents people before its four divisions.
4 divisionsRPD, RAD, ID and IAD48 hoursto the first detention reviewEN / RUEnglish and Russian
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Tell us which letter or notice you received and its date. We reply with the division that hears it and the time left.
Which IRB division hears your matter
The Immigration and Refugee Protection Act (IRPA) sends each kind of dispute to a different division of the Board.
Refugee appeals
Reviews a refused claim on the record, sometimes with new evidence.
IRPA s.110–111Detention and admissibility
Holds detention reviews and decides whether a person may stay or receives a removal order.
IRPA s.44–45, s.57–58Immigration appeals
Hears refused family sponsorships, removal orders against permanent residents and residency-obligation findings.
IRPA s.63–67 · IAD appealsSomeone was detained at the border: the review clock
IRPA section 57 fixes when the Immigration Division must review detention. Each review is a hearing where release can be argued.
48 h
First review
Within 48 hours after detention begins, or without delay afterward.
7 d
Second review
At least once in the seven days after the first review.
30 d
Every month after
At least once in each 30-day period for as long as detention lasts.
The four reasons the Division may keep a person detained (IRPA s.58(1))
- Danger to the publics.58(1)(a)
- Unlikely to appearfor a hearing or removal, s.58(1)(b)
- Investigationinto security or rights grounds, s.58(1)(c)
- Identitynot established, s.58(1)(d)
The first deadline in each division
Set by the Immigration and Refugee Protection Regulations (IRPR) and the IAD Rules, 2022.
| What happened | Time to act | Rule |
|---|---|---|
| Refugee claim made at a port of entry, referred to the RPD | 15 daysto submit the Basis of Claim form, from the referral | IRPR s.159.8 |
| Refugee claim refused by the RPD | 15 daysto file the RAD appeal; 30 days to perfect it, from receipt of written reasons | IRPR s.159.91 |
| Sponsorship refused, or removal order made | 30 daysto file the notice of appeal with the IAD | IAD Rules, r.16 |
| Residency obligation not met | 60 daysto file the notice of appeal with the IAD | IAD Rules, r.16 |
How an admissibility hearing unfolds
The path under IRPA sections 44, 45 and 63, from an officer’s report to a possible appeal.
- Officer’s reportA CBSA officer writes a report that a person in Canada is inadmissible (s.44(1)).
- ReferralThe Minister’s delegate refers the report to the Immigration Division (s.44(2)).
- HearingBoth sides present evidence, and the Division recognizes a right to stay, authorizes entry or makes a removal order (s.45).
- AppealA permanent resident or protected person may appeal the removal order to the IAD unless s.64 bars it (s.63).
Who represents you at the Board
Law Society of Ontario By-Law 4 lets a licensed paralegal appear before tribunals created under federal law, and each IRB division is one.
25+ yearsOn immigration and criminal matters.
On CanLIISome decisions are published: search her name.
English and RussianPreparation in either language.
10211 Yonge StreetSuite 205, Richmond Hill.
“I was greatly impressed by the efficiency with which Angelina handled our immigration case. All of our concerns, however minor, were promptly addressed by her. In addition to her efficiency she provided us with personal support at a time when it was most needed, the nerve-wracking days before the scheduled interview with the Immigration Officials. She reassured us and alleviated our fears, rational as well as irrational.”
Questions before an IRB hearing
Send the notice or decision you received; the assessment starts from its date.
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Can a paralegal appear at a detention review?
Yes. The Immigration Division is a federal tribunal, and By-Law 4 of the Law Society of Ontario allows a licensed paralegal to represent a party before it.
Who can attend a detention review besides the detained person?
Detention reviews are usually open to the public. A family member or friend offering to act as a bondsperson often attends and may be questioned about the bond.
What about applications filed with IRCC?
Applications such as permanent residence or sponsorship go to IRCC, not the Board. Our legal team assists with the full range of your matter, including applications filed with IRCC.
This page is general information about immigration hearings in Canada and is not legal advice. Reading it does not create a paralegal-client relationship.
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