Time limits for IRB Canada – Meeting the deadlines

Time limits for IRB Canada

Renier is a citizen of Panama. He recently travelled to Canada and filed a refugee claim. The immigration officer referred him to RPD, a division of the Immigration and Refugee Board of Canada (IRB). However, Renier has not received a hearing date yet. He wonders what his deadlines are for submitting his documents. Moreover, Renier prefers to know the time limits for IRB Canada.

Sometimes you need to deal with the Immigration and Refugee Board of Canada (IRB). The role of the IRB is mostly to conduct hearings related to immigration matters or refugee claims. However, knowing the time limits for IRB is relatively confusing. In this article, I’ll list the time limits for IRB Canada.

The legislation governing the IRB time limits

I use the following Rules in identifying the time limits for IRB Canada. Nonetheless, IRB may post Practice Notices for changing time limits to address exceptional situations.

Other laws that could affect time limits

  • Immigration and Refugee Protection Act (IRPA) – The primary law that governs the immigration processes and policies is IRPA. It rarely discusses time limits. However, you could see the traces of IRPA in specific areas of the IRB practice. Moreover, if I begin a section number with the letter A in this article, I am referring to a section of IRPA. For example, A57(1) means subsection 57(1) of IRPA.
    • An example of time limits under IRPA is A169 which allows all IRB divisions up to 10 days to respond to a request for written reasons.
  • Immigration and Refugee Protection Regulations (IRPR) – IRPA enables a set of regulations that we call IRPR. Moreover, if I begin a section number with the letter R, I am referring to a section of IRPR. For example, R228 means section 228 of IRPR.
    • An example of time limits under IRPR is R159.9 which defines the time limits for fixing a refugee hearing after referral to RPD. However, RPD rarely follows the strict deadlines following R159.9(3) because of the current backlogs.
    • Another example is R159.91, which discusses time limits for refugee appeals as follows:
  • Immigration and Refugee Protection Act (IRPA) – The primary law that governs the immigration processes and policies is IRPA. It rarely discusses time limits. However, you could see the traces of IRPA in specific areas of the IRB practice. Moreover, if I begin a section number with the letter A in this article, I am referring to a section of IRPA. For example, A57(1) means subsection 57(1) of IRPA.
    • An example of time limits under IRPA is A169 which allows all IRB divisions up to 10 days to respond to a request for written reasons.
  • Immigration and Refugee Protection Regulations (IRPR) – IRPA enables a set of regulations that we call IRPR. Moreover, if I begin a section number with the letter R, I am referring to a section of IRPR. For example, R228 means section 228 of IRPR.
    • An example of time limits under IRPR is R159.9 which defines the time limits for fixing a refugee hearing after referral to RPD. However, RPD rarely follows the strict deadlines following R159.9(3) because of the current backlogs.
    • Another example is R159.91, that discusses time limits for refugee appeals as follows:
  • Immigration and Refugee Protection Act (IRPA) – The primary law that governs the immigration processes and policies is IRPA. It rarely discusses time limits. However, you could see the traces of IRPA in specific areas of the IRB practice. Moreover, if I begin a section number with the letter A in this article, I am referring to a section of IRPA. For example, A57(1) means subsection 57(1) of IRPA.
    • An example of time limits under IRPA is A169 which allows all IRB divisions up to 10 days to respond to a request for written reasons.
  • Immigration and Refugee Protection Regulations (IRPR) – IRPA enables a set of regulations that we call IRPR. Moreover, if I begin a section number with the letter R, I am referring to a section of IRPR. For example, R228 means section 228 of IRPR.
    • An example of time limits under IRPR is R159.9 which defines the time limits for fixing a refugee hearing after referral to RPD. However, RPD rarely follows the strict deadlines following R159.9(3) because of the current backlogs.
    • Another example is R159.91, which discusses time limits for refugee appeals as follows:
      1. the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and
      2. the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision.

Disclaimer: I have done my best to show the time limits correctly. However, consider this article an unofficial guideline. Double-check everything on the links above. Moreover, if you spot a mistake or missing information, don’t hesitate to contact us.

Time limits under the Immigration Division Rules (IDR)

IDR defines time limits for the Immigration Division of IRB. Here are some critical time limits based on IDR.

Detention Review Hearings

Detentions under IRPA are subject to review. Upon the review, ID decides whether to keep the person in custody or release them. However, the release could be conditional.

SectionSubjectTime LImits
1
A57(1)
ID must hold a detention review hearing in 48 hours upon immigration detention of a foreign national or permanent resident. Of course, subsection 57(1) of IRPA is behind the forty-eight-hour review rule.48 hours
A57(2)
1
ID must hold a second detention review after the forty-eight-hour review. Moreover, we could call this review the seven-day review.Seven days
A57(2)
1
ID also holds reviews every 30 days after the seven-day review. Of course, the reviews end when they release the detainee. 30-day intervals
A57.1The seven-day rule for designated foreign nationals is 14 days, and they are also subject to a six month-review (IDR does not have a rule on this section of the Act).14 days
11(4)Request for written reasons for a decisionTen days after the decision takes effect.
8(2)(a)Minister’s disclosure for a seven-day or thirty-day review. However, for the 48-hour reviews, they must submit the information as soon as possible. Three days before the hearing
16(1) & 17(1) & 26(b) & 32(2) & 45(4) & 46(4)Requests for changing the language of the hearing, an interpreter, submission of documents, witness information, and conducting a proceeding in private or in public, respectively! These rules apply to all hearings. However, for 48-review, submit the request as soon as possible. Five days before the hearing
31(2)The date that marks the receipt of a document sent by regular mailSeven days after mailed
39(3) & 40(3)Responding to a written application and replying to a written response, respectively! These rules apply to all hearings. However, for 48-review, respond as soon as possible. Five days and three days, respectively.
47(4)Submitting documents for notice of constitutional questionsTen days

Admissibility hearings

ID is responsible for issuing some removal orders after conducting admissibility hearings. Of course, if ID finds the person admissible, they won’t give a removal order.

SectionSubjectTime LImits
7(4)Request for written reasons for a decisionTen days after the decision takes effect.
16(1) & 17(1) & 26(b) & 32(2) & 45(4) & 46(4)Requests for changing the language of the hearing, an interpreter, submission of documents, witness information, and conducting a proceeding in private or in public, respectively! Moreover, for immediate inadmissibility hearings, submit at the session.Five days before the hearing!
31(2)The date that marks the receipt of a document sent by regular mail! However, if the 7-day-mark is a holiday, then the next work day!Seven days after mailed
39(3) & 40(3)Responding to a written application and replying to a written response, respectively! Moreover, for immediate inadmissibility hearings, submit at the session.Five days and three days, respectively.
47(4)Submitting documents for notice of constitutional questionsTen days

Time limits under the Immigration Appeal Division Rules (IADR)

The following table shows the IRB time limits for the Immigration Appeal Division, based on the IAD Rules. However, I have broken down the time limits into multiple tables for clarity.

Appeal by the sponsor

Sponsorship appeals cover almost all sponsorship refusals. However, you may not appeal inland spousal sponsorship refusals. Moreover, certain inadmissibilities prevent the sponsor from filing an appeal (A64).

SectionSubjectTime LImits
3(2)The notice of appeal and written reasons for refusal30 days after receiving the written reasons for refusal
4(4)Documents that Minister must send to the appellant. 120 days after the Minister received the notice of appeal

Appeal from a removal order made at an admissibility hearing

Sometimes you have the right to appeal a decision made at an ID admissibility hearing. Consequently, you may file an appeal. However, you must meet the IAD time limits.

SectionSubjectTime LImits
5(3)The notice of appeal and the removal order30 days after the appellant received the removal order
6(3)ID must share the appeal record with the appellant and IAD45 days after the Immigration Division received the notice of appeal

Appeal from a removal order made at an examination

CBSA and, on rare occasions, IRCC issue removal orders from time to time. However, they must follow the requirements of R228. You rarely have the right to appeal such decisions. Nonetheless, if you do, you must consider the following time limits.

SectionSubjectTime LImits
7(2)The notice of appeal and the removal order30 days after the appellant received the removal order
8(4)The Minister must share the appeal record with the appellant and IAD45 days after the Minister received the notice of appeal

Appeal from a decision made outside Canada on the residency obligation

As a permanent resident outside Canada, you need to have a valid PR card to travel back to the country. However, if you don’t have access to your PR card or if it has passed its expiry date, you may apply for a PRTD. If the immigration officer refuses your PRTD, you lose your PR status but may appeal the decision. Regardless, you must meet the time limits set forth by IRB under the IADR.

SectionSubjectTime LImits
9(3)The notice of appeal and written reasons60 days after the appellant received the written decision
10(4)Documents that Minister must send to the appellant120 days after the Minister received the notice of appeal

Appeal by the Minister from a decision of the Immigration Division in an admissibility hearing

The Minister has the right to appeal. Nevertheless, they must meet the time limits.

SectionSubjectTime LImits
11(2) & 11(3)The Minister must provide to the Immigration Appeal Division, together with the notice of appeal, a written statement of how and when the notice of appeal was provided to the respondent and the Immigration Division.Thirty days after the Immigration Division rendered the decision.
12(2) & 12(3)The Immigration Division must provide the appeal record to the respondent, the Minister and the Immigration Appeal Division.45 days after the Immigration Division received the notice of appeal

Common between all the proceedings

Regardless of the IAD proceeding nature, the following time limits apply. However, sometimes you may request an extension.

SectionSubjectTime LImits
13(1)Contact information(a) with the notice of appeal, if the person is the appellant; and
(b) no later than 20 days after the person received a notice of appeal if the Minister is the appellant.
15(2)Counsel of recordsIADR recommends introducing the counsel to IAD and the other party at least two days before the hearing. However, if the introduction is less than two days, the counsel must appear at the hearing and introduce themselves.
17 & 18Language of the hearing and the need for an interpreter20 days after receiving the notice of appeal or before the proceeding date
30(3)Submitting documents20 days before the hearing and ten days in response to the other party
30(4)Medical documents in response to inadmissibility on health grounds60 days before the hearing and 30 days in response to the other party
36(2)The receipt date of the documents that a party sends by regular mailSeven days for inside Canada and 20 days for outside Canada! However, if the last day is a holiday, the next work day!
37(3)Introducing a witness 20 days before the hearing
44(4) & 45(4)Response to a written applicationseven days after the party received the copy of the application and five days in response to the other party
46(3)Request to IAD to return to Canada to appear at a hearing60 days after the Division received the notice of appeal
47(3)Request for changing the location of the proceeding30 days before the proceeding
48(3)Changing the date and time of a proceedingAt least two days before the proceeding or appear at the hearing and make the request
49(2)Request for holding a proceeding in private20 days before the proceeding
52(4)Notice of constitutional questionTen days before the day of making the constitutional argument
54(2)Written reasons provided on requestTen days after the party received the notice of the decision

Time limits under Refugee Protection Division Rules (RPDR)

RPD follows the time limits set under the RPD Rules or RPDR. However, you may request extensions if they are imminent.

SectionSubjectTime LImits
4(1)Providing the contact information upon request by an officer under RPDR 3(4)Ten days after the day on which the claimant receives the information provided by the officer under subrule 3(4)
8(2)Requesting an extension for submitting the Basis of Claim (BOC) formthree days before the initial deadline
9(2)Changes or additions to the BOCTen days before the date fixed for the hearing
15(1)Withdrawing as the counsel of recordThree working days before the date set for the subsequent proceeding
17(2) & 18(2)Changing languageTen days before the date fixed for the subsequent proceeding
19Need for an interpreter and changing the language of interpretationTen days before the date fixed for the subsequent proceeding
23The Minister notifies RPD about their response to a claim without a hearingTen days after the day on which the Minister receives the Basis of Claim Form
25(3)The date fixed for a hearing of a claim or an application to vacate or to cease refugee protection20 days after the day on which the parties receive the notice to appear
26(4) & 27(5)Resumption of hearing(a) If the Minister responds to the notice after receiving the response; (b) If the Minister does not respond, no earlier than 14 days after receiving the notice by the Minister.
28(3)The Minister’s deadline to raise their concerns about inadmissibility and requesting RPD to suspend proceedings under A103(1)(a) or (b) or to terminate them under A104.20 days after receipt of the notice to appear
29(4)Intervention by the MinisterTen days before the date fixed for a hearing
34(3)Disclosure of documents(a) Ten days before the hearing; (b) five days before the hearing if it is in response to another document provided by a party or the Division
41(2)The receipt date of the documents that a party sends by regular mailSeven days for inside Canada and 20 days for outside Canada! However, if the last day is a holiday, the next work day
44(3)Providing witness informationTen days before the date fixed for the hearing
50(1)Written applicationTen days before the date fixed for the subsequent proceeding
51(4)Responding to a written applicationFive days after the date on which the party receives the copy of the application
52(4)Replying to a written responseThree days after the date on which the party receives the copy of the response
53(3)Application to change location20 days before the date fixed for the proceeding
54(2)Application to change the date or time of a proceeding(a) be made without delay;
(b) be received by the Division no later than three working days before the date fixed for the proceeding, unless the application is made for medical reasons or other emergencies; and
(c) include at least three dates and times, which are no later than 10 working days after the date originally fixed for the proceeding, on which the party is available to start or continue the proceeding.
54(5)Retaining a counsel after an officer fixes a date for the hearingfive working days after the officer specifies the date of the hearing
54(11)The new date RPD fixes for the hearing upon a request made by the claimantNo later than ten working days after the date originally fixed for the proceeding or as soon as possible after that date
56(4)Application to join or be separate from a claim20 days before the date fixed for the hearing
65(2) & 65(3)Special hearings for not submitting the BOC or failure to appearfive working days after the deadline for the BOC or the day originally fixed for the hearing of the claim, respectively
66(4)Notice of constitutional questionTen days before the day on which the constitutional argument is made

Time limits under the Refugee Appeal Division Rules (RADR)

RAD rarely runs oral hearings. However, they review the appeals based on the written submissions by the parties and the RPD records. Regardless, the parties must meet the IRB time limits under the RADR.

SectionSubjectTime LImits
5(5)Reply to Minister’s interventionFifteen days after the day the appellant receives the Minister’s notice of intervention, the Minister’s intervention record, or any additional documents provided by the Minister, as the case may be.
10(5)Response to appeal15 days after the day on which the respondent receives any supporting documents unless RAD grants an extension
18(1)Request for becoming the counsel of recordThree working days before the date of the hearing or orally at the hearing
21(2)Providing notice of appealTen days after the day on which the RPD receives the notice of appeal
22(3) Changing languageAs soon as possible but not later than 20 days before the date of the hearing
25(5)RAD deciding on the constitutional questionsAt least ten days after the day on which RAD receives the notice of the constitutional question
35(2) & 38(4) The date that marks the receipt of a document sent by regular mailSeven days for inside Canada and 20 days for outside Canada! However, if the last day is a holiday, the next work day
39(4)Replying to a written responseFive days after the day on which the party receives the copy of the response
43(4)Rendering a decision after the assignment of a three-member panel15 days after notifying all the parties
45(3)Written submissions by UNHCRTen days after the day on which the UNHCR provided the notice
45(12)Response in case of submissions by UNHCRSeven days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the UNHCR’s submissions
46(7)Application by a person to participateTen days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the application
46(19)Response in case of submissions by another personseven days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the interested person’s written submissions
56(2)Hearing after issuing a notice to appearTen days after the parties receive the notice
59(2) & 59(3) & 61(3)Need for an interpreter, changing the language of interpretation, and submitting witness information20 days before the date fixed for the subsequent proceeding
66(3)Application to change location20 days before the date set for the hearing
67(4)Make an application two working days or less before the date fixed for the hearing.Make the application orally on the date fixed for the hearing.

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    Al Parsai

    Al Parsai is a Regulated Canadian Immigration Consultant (RCIC) in Toronto, Canada. He is an adjunct professor at Queen's University Law School and Ashton College. Al, who holds a Master of Laws (LLM) degree from York University, is a member of CICC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented thousands of applicants from more than 50 countries to the immigration authorities since January 2011.

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