Observe IRB Hearings: Immigration Appeal and Admissibility

Sam wanted to observe a Canadian immigration hearing before filing his own appeal. He hoped it would give him a clearer picture of how proceedings actually unfold. He wanted to see how the member managed the room, how the parties spoke, and how evidence was introduced. Sam also wanted to understand what happens before the formal start, including identity checks and basic technical steps. Sam knew he could not participate, and he did not want to distract anyone. Instead, he tried to observe quietly, take personal notes, and leave with a better sense of what to expect.

What It Means to Observe a Virtual Hearing

The Immigration and Refugee Board of Canada, or IRB, holds many hearings by videoconference. Some of those hearings are public. Members of the public may observe public hearings held virtually.

An observer is anyone who attends but is not a participant. The IRB provides an observer’s guide for public virtual hearings. The guide explains what you may and may not do.

These procedures support fairness and efficiency for people before the Board. They also set clear expectations for observers.

Which IRB Hearings Can You Observe

Whether you can observe depends on the IRB division and the file context. Some divisions usually hold public hearings. Other divisions usually hold private hearings.

The guide also explains rules for friends, family members, and other support persons.

Refugee Protection Division Hearings

Refugee Protection Division hearings are private. A claimant may still request observers. Those observers are usually friends or family.

The claimant must make that request. The observer still cannot participate.

Refugee Appeal Division Hearings

Refugee Appeal Division hearings are rare and private. An appellant may request friends or family as observers. The appellant should contact the IRB Registry.

The observer does not speak or participate. The RAD must allow observers unless attendance would impede the proceeding.

Immigration Division Hearings

Immigration Division hearings are generally open to the public and media. Some Immigration Division hearings are private (also known as in-camera). This occurs when a refugee claim, refugee claim appeal, or PRRA is pending. Moreover, the member (the decision-maker) may allow private hearings in special circumstances surrounding the person or the subject of the hearing. 

The Immigration Division may consider applications for openness. It may consider making a private hearing public. It may also consider making a public hearing private.

Immigration Appeal Division Hearings

Immigration Appeal Division hearings are open to the public and media. This applies unless the IAD ordered a private proceeding. However, even in private hearings, a family member, friend, or support person may observe.

Witnesses face a practical limit. A person being called as a witness usually cannot observe. Nonetheless, they can generally observe after testifying.

How to Request to Observe a Virtual Hearing

Start with the right contact channel. Media requests follow a separate path. Media should contact IRB media relations.

For other observers, the request is sent to the appropriate regional office via email. Your email should be clear and complete. Include the following contact details.

• Your full name.
• Your telephone number.
• Your email address.

Next, identify what you want to observe. State the hearing you want to observe.

If you are observing through a school program, include the school name.

There is a special note for CICC students. A CICC student who wants to observe should contact the PREP coordinator. Use the PREP coordinator email address, sp-ps@college-ic.ca.

How to Observe a Specific Hearing

You may want a specific file or a specific date. In that case, plan.

Contact the appropriate regional office at least two days before the hearing. Provide the full name of the person appearing before the Board.

Include any other identifying details you have. This helps the Registry locate the correct hearing. It also reduces delays.

Guidelines to Observe Properly

By joining the Microsoft Teams meeting, you accept the observer guidelines. The IRB uses these rules to protect fairness and efficiency. If you do not follow them, you may be removed.

As an observer, you must follow these instructions.

• Join five to ten minutes before the scheduled start time.
• Wait in the virtual lobby until the member starts the hearing.
• Keep your camera off during the entire hearing, including breaks, unless told otherwise.
• Keep your microphone muted during the entire hearing, including breaks, unless told otherwise.
• Do not speak without permission.
• Avoid disruptive, disrespectful, or unruly conduct.
• Follow the presiding member’s instructions at all times.

The guide also lists strict prohibitions. You may not do any of the following.

• Record the hearing in any way.
• Broadcast the hearing in any way.
• Take photos, screenshots, or similar images.
• Use Microsoft Teams chat features.
• Use Microsoft Teams’ share features.
• Share the Microsoft Teams connection information.

Only people invited by the IRB may observe. Do not forward or post the link. Do not describe the link as public.

Timing Rules When You Observe

The start of a hearing includes admittance and connection tests. These checks happen at the start time. If you join late, the member decides whether you can observe.

The member may refuse admittance.

You can wait in the virtual lobby for up to 15 minutes before the start time. If you join too early, Teams may remove you. If that happens, you can reconnect using the same link.

How to Join and Observe on Microsoft Teams

After you request to observe, the IRB will email you a link. That email includes the Microsoft Teams meeting link. Use that link to join the hearing.

When you click the link, Teams will ask for a name. Type your full name. Add a short role description, such as First name, Last name (Observer).

Before joining, turn off your camera and microphone. Use the sliders beside the camera and microphone icons. Keep both off after you enter.

The IRB may also offer a phone option. The division may invite you to join by phone if it deems it appropriate. You will receive a phone number and a conference code.

Getting Help Before You Observe

If you have questions, contact the IRB. You can also consult the IRB technical information for the virtual hearings page.

Conclusion and Next Steps

If you want to observe an IRB virtual hearing, use the IRB process. Email the correct regional office. Provide your contact details.

Specify the hearing type. Follow the Teams rules once admitted.

Observing can be a practical learning tool. It can also help clients prepare for their own hearing. If you want guidance for your situation, contact the author for a consultation.