A welcome update to immigration proceedings
The CBA’s Immigration Law Section supports the IRB’s modernization efforts, with a few key recommendations
In a nutshell
The Immigration and Refugee Board (IRB) is proposing to update its Immigration Appeal Division Rules by making remote communication and virtual hearings the default. The CBA’s Immigration Law Section welcomes these changes—provided appropriate accommodations are made to ensure vulnerable populations aren’t left behind.
Electronic by default
The CBA supports the shift toward virtual hearings and electronic communications as the default for both the Immigration Division and the Immigration Appeal Division. However, accommodations must be in place for individuals who face barriers to using these technologies, whether due to lack of internet access, mental health concerns or other forms of marginalization.
The rules should clearly state that electronic communications are the default, and that other means of communication can be used where warranted.
Additionally, the CBA Section emphasizes the need for transparency in detention reviews. “[T]he rules should reinforce the principle of complete and timely disclosure by the Minister’s representative of all potentially relevant information—both inculpatory and exculpatory— during detention reviews,” the Section writes. Since “the Minister has the authority to detain individuals and full control over them until their case is reviewed by an ID Tribunal Member, complete and prompt disclosure should be a fundamental expectation.”
Read the submission.
