Learn about the different ways you can participate in your hearing. Request to use
IRB premises and equipment to attend your virtual hearing. Learn how to request an in-person hearing from each
IRB division.
On this page
Understanding the different hearing formats offered by the
IRB
All
IRB hearings are scheduled as virtual hearings by default. Individuals can request to use
IRB premises and equipment to attend their virtual hearing. In-person hearings may be scheduled upon request or at the discretion of the
IRB.
All participants attend virtually using telephone or videoconferencing software such as Microsoft Teams to join from a location such as their home or office. You will use your own equipment (computer, tablet, etc.).
Virtual hearings at an
IRB office
If you do not have a suitable place, the right technology or you have concerns about participating virtually, you can connect at an
IRB office using an
IRB computer. Other participants not attending at an
IRB office use their own equipment to participate virtually.
The
IRB member and the parties attend in-person in one room at an
IRB office or another place designated by the
IRB. Others, such as interpreters, may participate in-person or virtually.
How to make a request from each
IRB division
Your hearing has been scheduled by one of 4
IRB divisions. Find the appropriate division below and follow its procedures to make your request.
Refugee Protection Division
Please consult the
Refugee Protection Division (RPD) guide for instructions on how to request to use
IRB premises and equipment to attend your virtual hearing or request an in-person hearing.
Refugee Appeal Division
Request to use
IRB premises and equipment to attend your virtual hearing
A request may be made in writing to
the appropriate registry:
- at the time the hearing is scheduled
- up to 10 working days prior to the hearing
- within 10 working days of the hearing, including an explanation of why the request was not made on a timely basis along with any other considerations supporting the request
Request an in-person hearing
A request for an in-person hearing should be made in writing to
the appropriate registry at the time the appellant is informed that a hearing is being scheduled.
A party may request an in-person hearing within 10 working days of the hearing but must explain in writing why the request was not made in a timely manner.
When an interpreter is required, we will try to schedule the interpreter to attend the hearing in-person with the appellant.
Immigration Division
These procedures apply to all Immigration Division (ID) proceedings, including application hearings and pre-hearing conferences.
Request an in-person hearing or to use
IRB premises and equipment for your virtual hearing
Where the person concerned is not detained
A request for an in-person hearing or to use
IRB premises and equipment to attend a virtual hearing may be made:
- before or at the time the hearing is scheduled, or at a pre-hearing conference, if any
- up to 5 working days prior to the hearing by
contacting the appropriate registry in writing
We strongly encourage parties to communicate by email to avoid delays in processing requests.
Where the person concerned is detained
Our ability to conduct in-person hearings for detained persons is informed by whether or not it is possible to transport the detained person safely to a hearing room. Where the person concerned is detained in a location from which transportation to the hearing room is not feasible, the person concerned will attend virtually.
If an individual is detained at an Immigration Holding Centre (IHC), parties may request an in-person hearing where the proceeding relates either to a
30-day detention review or an
admissibility hearing. Such hearings will generally be held in a hearing room at the
IHC.
A request for an in-person hearing at the
IHC may be made:
- orally at a hearing, when the request relates to a subsequent 30-day detention review or admissibility hearing, or at a pre-hearing conference, if any
- up to 5 working days prior to the hearing by
contacting the appropriate registry in writing
We strongly encourage parties to communicate by email to avoid delays in processing requests.
In-person hearings for
48-hour and
7-day detention reviews generally cannot be considered due to operational limitations and the short timelines involved.
If a hearing is scheduled in-person, all parties are expected to participate in-person. Whenever an in-person hearing request is granted by the
ID, the member will be present in the hearing room with the person who is the subject of the proceedings, and their counsel, if applicable, as well as the Minister. If the Minister or other participants, such as the designated representative, need to participate virtually at an in-person hearing, they must notify the registry and the other party
in writing by email at least 3 working days prior to the hearing.
When an interpreter is required, the
ID will schedule the interpreter to attend the hearing in-person with the person concerned, unless it is not practicable.
Where a
hearing participant other than the person concerned wishes to make use of
IRB premises and equipment for a virtual hearing, they may do so:
We strongly encourage parties to communicate by email to avoid delays in processing requests.
Immigration Appeal Division
These procedures apply to all immigration appeal proceedings, including alternative dispute resolution conferences or pre-hearing conferences.
Request to use
IRB premises and equipment for your virtual hearing
A request may be made
in writing to the appropriate registry:
- before or at the time your hearing is scheduled
- up to 10 working days prior to the hearing
- within 10 working days of the hearing, with an explanation of why the request was not made on a timely basis along with any other considerations supporting the request
Request an in-person hearing
A request for an in-person hearing may be made
in writing to the appropriate registry before or at the time of scheduling the hearing.
The request must include reasons why an in-person hearing is required,
except in the case of:
- a request made by the appellant in a removal order appeal
- a request made by the respondent in a Minister's appeal
In such exceptions, the
IAD will grant requests for in-person hearings, subject to operational limitations, without the need for the party to provide reasons.
A party may request an in-person hearing for a matter that has already been scheduled but must explain why the request was not made at the time of scheduling.