What the Immigration and Refugee Board of Canada (IRB) Does and Does Not Do

Note: This document is not a legal document. For precise, legal information, please consult the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations, and IRB rules.

The IRB does…

  • Hear and decide claims for refugee protection made in Canada
  • Decide appeals from allowed or rejected claims for refugee protection made in Canada
  • Conduct admissibility hearings for foreign nationals or permanent residents, at the request of the CBSA or IRCC, to determine if a person should be allowed to enter or remain in Canada, or should be ordered removed from Canada (issuing removal orders)
  • Conduct detention reviews for foreign nationals or permanent residents detained by the CBSA, to determine if there are sufficient reasons to continue the detention of the person
  • Hear and decide appeals on immigration matters, such as appeals from refused family class sponsorship applications and appeals from removal orders

The IRB does not…

  • Make refugee and immigration policies (IRCC)
  • Receive refugee protection claims and decide whether they should be referred to the IRB for determination (IRCC and CBSA)
  • Deal with refugee protection claims made outside Canada (IRCC)
  • Select immigrants, including deciding on sponsorship applications (IRCC)
  • Issue visitor visas (“temporary resident visas”), work permits or student visas (IRCC)
  • Issue Minister's permits (“temporary resident permits”) (IRCC)
  • Conduct pre-removal risks assessments (IRCC)
  • Decide applications based on humanitarian and compassionate grounds (IRCC)
  • Issue danger opinions regarding persons found to be refugees (IRCC)
  • Issue security certificates (IRCC and CBSA)
  • Grant Canadian citizenship (IRCC)
  • Issue removal orders against non-permanent residents in certain cases (CBSA)
  • Arrest and detain people under the Immigration and Refugee Protection Act (CBSA)
  • Remove people from Canada (CBSA)