Sources of Federal Government and Employee Information
Table of Contents
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General Information
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Institutional Functions, Programs and Activities
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Additional Information
1. General Information
Background
The Immigration and Refugee Board of Canada (IRB) was created in 1989. In 2002, the
Immigration Act was replaced by the
Immigration and Refugee Protection Act (IRPA) from which each IRB division gets its mandate.
The IRB is an independent, accountable tribunal whose work reflects Canada's humanitarian and security values and respect for our international obligations. As an organization responsible for applying administrative justice, the IRB adheres to the principles of natural justice and its resolutions and decisions are rendered in accordance with the law, including the Canadian Charter of Rights and Freedom Its mission, on behalf of Canadians, is to resolve immigration and refugee cases, efficiently, fairly, and in accordance with the law. The IRB reports to Parliament through the Minister of Citizenship, Immigration and Multiculturalism.
Responsibilities
The role of the IRB is to make decisions on immigration and refugee matters in Canada. Specifically, it decides who needs refugee protection, hears appeals on certain immigration matters and conducts admissibility hearings and detention reviews. The decisions affect the lives and liberty of the people appearing before it and contribute to the security of Canadians and the integrity of our immigration and refugee system.
2. Institutional Functions, Programs and Activities
Admissibility Hearings and Detention Reviews
The Admissibility Hearings and Detention Reviews program renders quality decisions and otherwise resolves in a timely manner cases regarding admissibility of foreign nationals or permanent residents who are alleged to be inadmissible to Canada pursuant to the provisions of the
Immigration and Refugee Protection Act (IRPA); and detention reviews for foreign nationals or permanent residents who are detained under IRPA authority. Detainees must be seen by the Immigration Division (ID) within 48 hours after their referral, or without delay thereafter, and subsequent reviews must be conducted within specific statutory timeframes. Decision-makers must balance the right to individual liberty with the safety and security interests of Canadians.
Immigration Division - Application of Legislation and Divisional Issues
Description: Information on the Immigration Division (ID) legislation, functions, activities and substantive and operational issues.
Document Types: General correspondence, issue papers, memoranda, policies, procedures, case information, transcriptions and decisions, and other documents relating to the application of the Act and Regulations and related legislation, and other substantive and procedural issues pertaining to the division.
Record Number: IRB ADJ 130
Immigration Division Case Files
– Bank number: IRB PPU 140
Description: The files contain documents presented at an admissibility hearing, conference or detention review; or filed in making an application or motion, so that both the person concerned and representative of the Canada Border Services Agency(CBSA) or Citizenship and Immigration (CIC) have knowledge of the information. Documents are in hardcopy and\or may be in electronic format.
Class of Individuals: This personal information recorded by name and file number relates to the individual's file when a member is called upon to conduct either an admissibility hearing or a detention review.
Purpose: The purpose of this bank is to record information used in the conduct of admissibility hearings and detention reviews pursuant to the
Immigration and Refugee Protection Act (IRPA), the Regulations and the Immigration Division (ID) Rules. The material on file, which is adduced at the proceeding, is used by the member in making the decision on the allegations that were raised at the proceeding.
Consistent Uses: It may be shared for internal audit purposes. This information may be shared with CIC and CBSA.
Retention and Disposal Standards: The retention period for standard case files is ten years after the conclusion of the proceeding, after which they are destroyed. Certain case files for Archival or Historical purposes are retained for 50 years.
RDA Number: 96/037
Related Record Number: IRB ADJ 130, IRB INF 160
TBS Registration: 003312
Bank Number: IRB PPU 140
Immigration Division Operations - Division Statistics
Description: Information relating to cases as well as administrative and statistical data.
Document Types: workload, operational schedules, case information, statistical reports and analysis.
Record Number: IRB INF 160
Immigration Division Case Files
– Bank number: IRB PPU 140
Description: The files contain documents presented at an admissibility hearing, conference or detention review; or filed in making an application or motion, so that both the person concerned and representative of the Canada Border Services Agency(CBSA) or Citizenship and Immigration (CIC) have knowledge of the information. Documents are in hardcopy and\or may be in electronic format.
Class of Individuals: This personal information recorded by name and file number relates to the individual's file when a member is called upon to conduct either an admissibility hearing or a detention review.
Purpose: The purpose of this bank is to record information used in the conduct of admissibility hearings and detention reviews pursuant to the
Immigration and Refugee Protection Act (IRPA), the Regulations and the Immigration Division (ID) Rules. The material on file, which is adduced at the proceeding, is used by the member in making the decision on the allegations that were raised at the proceeding.
Consistent Uses: It may be shared for internal audit purposes. This information may be shared with CIC and CBSA.
Retention and Disposal Standards: The retention period for standard case files is ten years after the conclusion of the proceeding, after which they are destroyed. Certain case files for Archival or Historical purposes are retained for 50 years.
RDA Number: 96/037
Related Record Number: IRB ADJ 130, IRB INF 160
TBS Registration: 003312
Bank Number: IRB PPU 140
Interpreter Data
Description: Records of interpreters who may be contracted by the IRB to assist in hearings before the Refugee Protection Division (RPD), the Immigration Appeals Division (IAD) and the Immigration Division (ID).
Document Types: Personal Information needed for the purposes of contracting interpreters, such as application forms, CV, accreditation tests, test result letters, and signed contracts.
Record Number: IRB OPS 110
Interpreter Data
– Bank number: IRB PPU 125
Description: The records contain all the documentation related to interpreters who may be contracted by the IRB to assist in hearings before the RPD, the IAD and the ID. The records include personal employment background information and may include interpreters’ language test results.
Class of Individuals: Persons who may be contracted to provide interpreter services to the IRB.
Purpose: This bank records personal information needed for the purposes of contracting interpreters.
Consistent Uses: Information is used to maintain records of interpreters who may be contracted to provide interpreter services.
Retention and Disposal Standards: Interpreter files are maintained in the regional offices where interpreters have submitted documentation for a minimum of two years after the last administrative action, after which the records are destroyed.
RDA Number: 98/005
Related Record Number: IRB OPS 110, IRB OPS 110.1, IRB OPS 110.2
TBS Registration: 002952
Bank Number: IRB PPU 125
Immigration Appeal
The Immigration Appeal program renders quality decisions and otherwise resolves in a timely manner cases regarding sponsorship applications refused by the Department of Citizenship and Immigration (CIC); certain removal orders made against permanent residents, refugees and other protected persons, and holders of permanent resident visas; permanent residents who have been found outside of Canada not to have fulfilled their residency obligation; and appeals by the Minister of Public Safety of decisions of the Immigration Division (ID) at admissibility hearings.
Immigration Appeal Division Case Files
Description: The record of individual appeals; this also includes applications for redeterminations of claims made before January 1, 1989, to the former Immigration Appeal Board.
Document Types: Information, evidence, exhibits, arguments and submissions upon which the Board makes its decisions.
Record Number: IRB OPS 005
Immigration Appeal Board (IAB) Records
– Bank number: IRB PPU 105
Description: The records contain all the documentation related to the processing of any case before the former Immigration Appeal Board, including all the papers, submissions, evidence and exhibits provided by the parties to the case before, during and after the hearing. Decisions of the Board, the reasons for the decisions, notices of any proceeding before a higher court and decisions of higher courts also form part of the record.
Class of Individuals: Permanent residents of Canada, or persons lawfully in possession of a valid returning resident permit, who have been ordered deported; persons holding a valid visa who are refused entry into Canada; Canadian citizens and permanent residents who have sponsored an application for permanent residence in Canada of a relative, after that application is refused; persons who filed applications for redetermination of claims to the former Immigration Appeal Board.
Purpose: This bank records, in hardcopy and by audio recordings, the proceedings before the former Immigration Appeal Board of Canada.
Consistent Uses: Information from Citizenship and Immigration Canada (CIC) was used in the Immigration Appeal Board proceedings.
Retention and Disposal Standards: The standard case file is maintained in the regional office for six months after the final action is taken; it is then transferred to the Library and Archives Canada, where it is retained for a further ten years, after which it is destroyed. Certain case files for Archival or Historical purposes are retained for 50 years. All IAD decisions are kept forever as a ''Court of Record''.
RDA Number: 96/037
Related Record Number: IRB OPS 005
TBS Registration: 002340
Bank Number: IRB PPU 105
Immigration Appeals Process
Description: Information on the conduct of hearings into appeals and related matters before the Immigration Appeal Division of the Board.
Document Types: Practices and procedures for operational staff; practices and procedures for interpreters; standard forms and orders.
Record Number: IRB OPS 025
Complaints about the Conduct of Members
– Bank number: IRB PPU 155
Description: This bank contains records related to complaints made under the "Protocol Addressing Member Conduct Issues" of breaches of the "Code of Conduct for Members of the Immigration and Refugee Board of Canada". Personal information includes the name of the member and the allegations made; testimony of witnesses; legal opinions; inquiries into alleged improper behaviour; and analysis reports of the inquiries. The bank may also contain personal information about the complainant, such as the fact that he/she is a refugee claimant, or counsel, and the circumstances leading to the complaint.
Class of Individuals: Members of the Immigration Division, the Immigration Appeal Division and the Refugee Protection Division of the IRB.
Purpose: The purpose of this bank is to maintain information concerning complaints made under the "Protocol Addressing Member Conduct Issues".
Consistent Uses: None.
Retention and Disposal Standards: Information is maintained for three years after the last administrative use in the case of founded complaints, and for two years after the last administrative use in the case of unfounded complaints. Records will be destroyed after the retention period has expired.
RDA Number: 2004/09
Related Record Number: IRB OPS 025, IRB OPS 020, IRB OPS 015
TBS Registration: 005502
Bank Number: IRB PPU 155
Immigration Appeal Division (IAD) Records
– Bank number: IRB PPU 110
Description: The records (hardcopy and/or in electronic form) contain all the documentation related to the processing of any case before the IAD of the IRB, including all the papers, submissions, evidence and exhibits provided by the parties to the appeal before, during and after the hearing. Decisions of the Division, the reasons for the decisions, notices of any proceeding before a higher court and decisions of higher courts also form part of the record.
Class of Individuals: Permanent residents of Canada, refugees and protected persons, and persons holding a valid permanent resident visa who have been ordered removed from Canada; Canadian citizens and permanent residents who have sponsored an application for permanent residence in Canada of a close family member, after that application is refused; Permanent residents of Canada who have been determined outside of Canada by an officer of Citizenship and Immigration Canada (CIC) not to have fulfilled their residency obligation.
Purpose: This bank records, in hardcopy and by audio tape recordings, the proceedings before the IAD of the IRB.
Consistent Uses: Information is used to schedule and track cases before the IAD and to report statistics on cases being processed by the IAD. Information is shared with counsel for appellants, Citizenship and Immigration Canada(CIC) and Canada Border Services Agency(CBSA). Information from CIC and CBSA is used in the IAD proceedings.
Retention and Disposal Standards: The standard case file is maintained in the regional office six months after the final action is taken; it is then transferred to the Library and Archives Canada, where it is retained for a further ten years, after which it is destroyed. Certain case files for Archival or Historical purposes are retained for 50 years. All IAD decisions are kept forever as a ''Court of Record''.
RDA Number: 96/037
Related Record Number: IRB OPS 025
TBS Registration: 002341
Bank Number: IRB PPU 110
Interpreter Data
Description: Records of interpreters who may be contracted by the IRB to assist in hearings before the Refugee Protection Division (RPD), the Immigration Appeals Division (IAD) and the Immigration Division (ID).
Document Types: Personal Information needed for the purposes of contracting interpreters, such as application forms, CV, accreditation tests, test result letters, and signed contracts.
Record Number: IRB OPS 110.1
Interpreter Data
– Bank number: IRB PPU 125
Description: The records contain all the documentation related to interpreters who may be contracted by the IRB to assist in hearings before the RPD, the IAD and the ID. The records include personal employment background information and may include interpreters’ language test results.
Class of Individuals: Persons who may be contracted to provide interpreter services to the IRB.
Purpose: This bank records personal information needed for the purposes of contracting interpreters.
Consistent Uses: Information is used to maintain records of interpreters who may be contracted to provide interpreter services.
Retention and Disposal Standards: Interpreter files are maintained in the regional offices where interpreters have submitted documentation for a minimum of two years after the last administrative action, after which the records are destroyed.
RDA Number: 98/005
Related Record Number: IRB OPS 110, IRB OPS 110.1, IRB OPS 110.2
TBS Registration: 002952
Bank Number: IRB PPU 125
Internal Services
Internal services constitute groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are management and oversight services, communications services, legal services, human resources management services, financial management services, information management services, information technology services, real property services, materiel services, acquisition services, and travel and other administrative services. Internal services include only those activities and resources that apply across an organization and not to those provided specifically to a program.
Acquisition Services
Acquisition services involve activities undertaken to acquire a good or service to fulfill a properly completed request (including a complete and accurate definition of requirements and certification that funds are available) until entering into or amending a contract.
Communications Services
Communications services involve activities undertaken to ensure that Government of Canada communications are effectively managed, well coordinated and responsive to the diverse information needs of the public. The communications management function ensures that the public—internal or external—receives government information, and that the views and concerns of the public are taken into account in the planning, management and evaluation of policies, programs, services and initiatives.
Financial Management Services
Financial management services involve activities undertaken to ensure the prudent use of public resources, including planning, budgeting, accounting, reporting, control and oversight, analysis, decision support and advice, and financial systems.
Human Resources Management Services
Human resources management services involve activities undertaken for determining strategic direction, allocating resources among services and processes, as well as activities relating to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies and plans.
Information Management Services
Information management services involve activities undertaken to achieve efficient and effective information management to support program and service delivery; foster informed decision making; facilitate accountability, transparency and collaboration; and preserve and ensure access to information and records for the benefit of present and future generations.
Information Technology Services
Information technology services involve activities undertaken to achieve efficient and effective use of information technology to support government priorities and program delivery, to increase productivity, and to enhance services to the public.
Legal services
Legal services involve activities undertaken to enable government departments and agencies to pursue policy, program and service delivery priorities and objectives within a legally sound framework.
Management and Oversight Services
Management and oversight services involve activities undertaken for determining strategic direction and allocating resources among services and processes, as well as those activities related to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies or plans.
Materiel Services
Materiel services involve activities undertaken to ensure that materiel can be managed by departments in a sustainable and financially responsible manner that supports the cost-effective and efficient delivery of government programs.
Real Property Services
Real property services involve activities undertaken to ensure that real property is managed in a sustainable and financially responsible manner, throughout its life cycle, to support the cost-effective and efficient delivery of government programs.
Travel and Other Administrative Services
Travel and other administrative services include Government of Canada travel services, as well as those other internal services that do not smoothly fit with any of the internal services categories.
Legend
- Standard Classes of Records (CoRs)
- Standard Personal Information Banks (PIBs)
Refugee Appeal
Description
The Refugee Appeal Division (RAD) will deliver the IRB's Refugee Appeal program activity. It will decide appeals from decisions of the Refugee Protection Division (RPD). The claimant or the Minister can appeal on a question of law, of fact or of mixed law and fact. The RAD will normally proceed without an oral hearing on the basis of the RPD record. The RAD may accept documentary evidence and written submissions. Under narrowly defined circumstances, the RAD may hold an oral hearing.
Refugee Protection
The Refugee Protection program renders quality decisions in a timely manner on cases regarding refugee protection claims made by persons in Canada. In making these decisions, Canada fulfils its obligations as a signatory to a number of international human rights conventions.
Interpreter Data
Description: Records of interpreters who may be contracted by the IRB to assist in hearings before the Refugee Protection Division (RPD), the Immigration Appeals Division (IAD) and the Immigration Division (ID).
Document Types: Personal Information needed for the purposes of contracting interpreters, such as application forms, CV, accreditation tests, test result letters, and signed contracts.
Record Number: IRB OPS 110.2
Interpreter Data
– Bank number: IRB PPU 125
Description: The records contain all the documentation related to interpreters who may be contracted by the IRB to assist in hearings before the RPD, the IAD and the ID. The records include personal employment background information and may include interpreters’ language test results.
Class of Individuals: Persons who may be contracted to provide interpreter services to the IRB.
Purpose: This bank records personal information needed for the purposes of contracting interpreters.
Consistent Uses: Information is used to maintain records of interpreters who may be contracted to provide interpreter services.
Retention and Disposal Standards: Interpreter files are maintained in the regional offices where interpreters have submitted documentation for a minimum of two years after the last administrative action, after which the records are destroyed.
RDA Number: 98/005
Related Record Number: IRB OPS 110, IRB OPS 110.1, IRB OPS 110.2
TBS Registration: 002952
Bank Number: IRB PPU 125
Refugee Protection Division - Application
Description: Information on the refugee protection determination process that is carried out by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
Document Types: Policies, practices and procedures for hearing room administration, participant function and conduct (Members, interpreters and Tribunal Officers); case preparation; the "Expedited Report" that contains a summary of the information elicited at an expedited interview where a recommendation may be made to the member that the claim is suitable to be accepted without a hearing or instruction to remit the claim for determination at a hearing; decisions and reasons; records of detained persons; transcripts.
Record Number: IRB OPS 020
Complaints about the Conduct of Members
– Bank number: IRB PPU 155
Description: This bank contains records related to complaints made under the "Protocol Addressing Member Conduct Issues" of breaches of the "Code of Conduct for Members of the Immigration and Refugee Board of Canada". Personal information includes the name of the member and the allegations made; testimony of witnesses; legal opinions; inquiries into alleged improper behaviour; and analysis reports of the inquiries. The bank may also contain personal information about the complainant, such as the fact that he/she is a refugee claimant, or counsel, and the circumstances leading to the complaint.
Class of Individuals: Members of the Immigration Division, the Immigration Appeal Division and the Refugee Protection Division of the IRB.
Purpose: The purpose of this bank is to maintain information concerning complaints made under the "Protocol Addressing Member Conduct Issues".
Consistent Uses: None.
Retention and Disposal Standards: Information is maintained for three years after the last administrative use in the case of founded complaints, and for two years after the last administrative use in the case of unfounded complaints. Records will be destroyed after the retention period has expired.
RDA Number: 2004/09
Related Record Number: IRB OPS 025, IRB OPS 020, IRB OPS 015
TBS Registration: 005502
Bank Number: IRB PPU 155
Refugee Protection Division Records
– Bank number: IRB PPU 115
Description: Electronic records and paper-based files are used to record and track the information and documentation related to the processing of any case before the RPD, including: documents referred by CIC; the claimant's Personal Information Form (PIF); documents, applications and submissions provided by the parties to the case before, during and after the hearing(s); decisions; reasons for decisions; notices of any proceeding before the courts; decisions of the courts; Minister's counsel's name and contact information; the claimant's counsel's name, contact information, company or firm and registration number; the interpreter's name, contact information and language of interpretation; the name and contact information of any witness who participates in the hearing.
Class of Individuals: Persons whose claim for refugee protection has been referred to the RPD, Minister's counsel, claimant's counsel, interpreters and witnesses.
Purpose: Maintain electronic records, paper-based files and audio recordings of the documentation and proceedings before the RPD.
Consistent Uses: The information is used to manage, schedule and track cases, record decisions and issue notices. Certain selected information is shared with Citizenship and Immigration Canada (CIC) and the courts. Decisions and reasons are shared with CIC, the Canada Border Services Agency (CBSA) and the claimant's counsel. A decision set out in a "Notice of Representation Without a Fee" that a person is an unauthorized paid representative may be disclosed to CIC and the CBSA in accordance with s. 8(2)(a) of the
Privacy Act. In keeping with IRB policy on the acquisition of claimant specific information, a claimant's personal information may be used, when reasonable, in the determination of the claim(s) for refugee protection of any other person(s). The RPD requests the consent of the claimant to use the PIF as evidence in another person's claim. When this consent cannot be obtained, a Member will analyse the risk of using this information without consent.
Retention and Disposal Standards: The standard paper-based case file is maintained in the regional office for six months after the final action is taken. It is then transferred to Library and Archives Canada where it is retained for a further ten years after which it is destroyed. Cases that have archival or historical significance are retained for 50 years. The retention of the electronic record will be the same as the retention of the paper-based file.
RDA Number: 96/037
Related Record Number: IRB OPS 020, IRB OPS 015 , IRB DOC 140
TBS Registration: 003971
Bank Number: IRB PPU 115
Refugee Protection Division - Operations
Description: Administrative and evidentiary information and statistics are tracked and recorded for claims for refugee protection made before the RPD.
Document Types: Electronic databases and paper-based files are used to record and track a claimant's personal data; country data; claim status; decisions; scheduling; calendar errata; adjournments; postponements; availability of facilities; member assigned; workload; reasons; status of reasons; Minister's counsel, counsel representing the claimant, interpreters, and witnesses; status of claimant in third countries; verification of claimant's membership in political and/or religious organizations; issue papers; national documentation packages; extended responses and responses to information requests; research directives seeking claimant-specific information for use in the hearing.
Record Number: IRB OPS 015
Complaints about the Conduct of Members
– Bank number: IRB PPU 155
Description: This bank contains records related to complaints made under the "Protocol Addressing Member Conduct Issues" of breaches of the "Code of Conduct for Members of the Immigration and Refugee Board of Canada". Personal information includes the name of the member and the allegations made; testimony of witnesses; legal opinions; inquiries into alleged improper behaviour; and analysis reports of the inquiries. The bank may also contain personal information about the complainant, such as the fact that he/she is a refugee claimant, or counsel, and the circumstances leading to the complaint.
Class of Individuals: Members of the Immigration Division, the Immigration Appeal Division and the Refugee Protection Division of the IRB.
Purpose: The purpose of this bank is to maintain information concerning complaints made under the "Protocol Addressing Member Conduct Issues".
Consistent Uses: None.
Retention and Disposal Standards: Information is maintained for three years after the last administrative use in the case of founded complaints, and for two years after the last administrative use in the case of unfounded complaints. Records will be destroyed after the retention period has expired.
RDA Number: 2004/09
Related Record Number: IRB OPS 025, IRB OPS 020, IRB OPS 015
TBS Registration: 005502
Bank Number: IRB PPU 155
Refugee Protection Division Records
– Bank number: IRB PPU 115
Description: Electronic records and paper-based files are used to record and track the information and documentation related to the processing of any case before the RPD, including: documents referred by CIC; the claimant's Personal Information Form (PIF); documents, applications and submissions provided by the parties to the case before, during and after the hearing(s); decisions; reasons for decisions; notices of any proceeding before the courts; decisions of the courts; Minister's counsel's name and contact information; the claimant's counsel's name, contact information, company or firm and registration number; the interpreter's name, contact information and language of interpretation; the name and contact information of any witness who participates in the hearing.
Class of Individuals: Persons whose claim for refugee protection has been referred to the RPD, Minister's counsel, claimant's counsel, interpreters and witnesses.
Purpose: Maintain electronic records, paper-based files and audio recordings of the documentation and proceedings before the RPD.
Consistent Uses: The information is used to manage, schedule and track cases, record decisions and issue notices. Certain selected information is shared with Citizenship and Immigration Canada (CIC) and the courts. Decisions and reasons are shared with CIC, the Canada Border Services Agency (CBSA) and the claimant's counsel. A decision set out in a "Notice of Representation Without a Fee" that a person is an unauthorized paid representative may be disclosed to CIC and the CBSA in accordance with s. 8(2)(a) of the
Privacy Act. In keeping with IRB policy on the acquisition of claimant specific information, a claimant's personal information may be used, when reasonable, in the determination of the claim(s) for refugee protection of any other person(s). The RPD requests the consent of the claimant to use the PIF as evidence in another person's claim. When this consent cannot be obtained, a Member will analyse the risk of using this information without consent.
Retention and Disposal Standards: The standard paper-based case file is maintained in the regional office for six months after the final action is taken. It is then transferred to Library and Archives Canada where it is retained for a further ten years after which it is destroyed. Cases that have archival or historical significance are retained for 50 years. The retention of the electronic record will be the same as the retention of the paper-based file.
RDA Number: 96/037
Related Record Number: IRB OPS 020, IRB OPS 015 , IRB DOC 140
TBS Registration: 003971
Bank Number: IRB PPU 115
Research - Claimant Specific Information
Description: Specific information from Canadian and/or foreign sources related to an individual and/or to a specific claim, generally for use in one hearing. This information is not placed in the public domain.
Document Types: Ministers' information, status of individuals in third countries, verification of membership in political and religious organizations; other.
Record Number: IRB DOC 135
Research Directives – Claim and Claimant Specific Information
– Bank number: IRB PPU 145
Description: Claimant-related information, for example, names, dates and places of birth; nationality; political and religious affiliation; validity of travel documents bearing claimants' names, from Canadian and foreign sources. (Documents in hardcopy and/or in electronic form).
Class of Individuals: Persons who claim to be refugees or protected persons and who have been referred to the Refugee Protection Division (RPD).
Purpose: To confirm claimants' religious and/or political status, nationality, and residency in third countries for use in RPD hearings.
Consistent Uses: Disclosure of personal information to Citizenship and Immigration (MOU), RCMP, foreign government and agencies and UNHCR, to identify the subject of the Member's research directive in order to facilitate the required research (Immigration and Refugee Protection Act).
Retention and Disposal Standards: Currently under review.
RDA Number: 2004/009
Related Record Number: IRB DOC 135
TBS Registration: 003925
Bank Number: IRB PPU 145
Specific Information Research Unit Tracking System
Description: Claimant-specific files in an automated form from the Specific Information Research Unit of the Operations Branch.
Document Types: Research directives seeking claimant-specific information for use in the hearing.
Record Number: IRB DOC 140
Refugee Protection Division Records
– Bank number: IRB PPU 115
Description: Electronic records and paper-based files are used to record and track the information and documentation related to the processing of any case before the RPD, including: documents referred by CIC; the claimant's Personal Information Form (PIF); documents, applications and submissions provided by the parties to the case before, during and after the hearing(s); decisions; reasons for decisions; notices of any proceeding before the courts; decisions of the courts; Minister's counsel's name and contact information; the claimant's counsel's name, contact information, company or firm and registration number; the interpreter's name, contact information and language of interpretation; the name and contact information of any witness who participates in the hearing.
Class of Individuals: Persons whose claim for refugee protection has been referred to the RPD, Minister's counsel, claimant's counsel, interpreters and witnesses.
Purpose: Maintain electronic records, paper-based files and audio recordings of the documentation and proceedings before the RPD.
Consistent Uses: The information is used to manage, schedule and track cases, record decisions and issue notices. Certain selected information is shared with Citizenship and Immigration Canada (CIC) and the courts. Decisions and reasons are shared with CIC, the Canada Border Services Agency (CBSA) and the claimant's counsel. A decision set out in a "Notice of Representation Without a Fee" that a person is an unauthorized paid representative may be disclosed to CIC and the CBSA in accordance with s. 8(2)(a) of the
Privacy Act. In keeping with IRB policy on the acquisition of claimant specific information, a claimant's personal information may be used, when reasonable, in the determination of the claim(s) for refugee protection of any other person(s). The RPD requests the consent of the claimant to use the PIF as evidence in another person's claim. When this consent cannot be obtained, a Member will analyse the risk of using this information without consent.
Retention and Disposal Standards: The standard paper-based case file is maintained in the regional office for six months after the final action is taken. It is then transferred to Library and Archives Canada where it is retained for a further ten years after which it is destroyed. Cases that have archival or historical significance are retained for 50 years. The retention of the electronic record will be the same as the retention of the paper-based file.
RDA Number: 96/037
Related Record Number: IRB OPS 020, IRB OPS 015 , IRB DOC 140
TBS Registration: 003971
Bank Number: IRB PPU 115
Unrelated Information Holdings
Research - General Country of Origin Information
Description: Canadian-compiled information on human rights conditions in the country of origin of refugee claimants.
Document Types: National Documentation Packages, issue papers, extended responses and responses to information requests.
Record Number: IRB DOC 050
Research - Refugee Bibliographic Records
Description: A computerized record of documents held in the Research Directorate with refugee research value.
Document Types: Author, Date, Abstracts, Location, Publisher, Dates, Edition.
Record Number: IRB INF 090
Classes of Personal Information
In the course of conducting the programs and activities of the Immigration and Refugee Board of Canada, categories of personal information may be accumulated which are not contained in specific information banks described in this entry.
Such information includes enquiries, complaint and general correspondence stored as part of the general subject files and not retrievable by any personal identifier. This form of personal information is normally retrievable by means of specific information such as subject and/or date of communication.
The retention periods associated with this information are consistent with those associated with the general subject files wherein they are stored.
Manuals
- "ATS" (Adjudication Tracking System) User Manual
- "STAR" (System for Tracking Appellants and Refugees) User Manual
- Guide to Proceedings Before the Immigration Division
- ID Handbook of Inadmissibility and Detention
- Instructions for the Acquisition and Disclosure of Information
3. Additional Information
The Government of Canada encourages the release of information through requests outside of the ATIP process. You may wish to consult the Immigration and Refugee Board of Canada’s
completed Access to Information (ATI) summaries. To make an informal request, contact:
The Immigration and Refugee Board of Canada conducts Privacy Impact Assessments (PIAs) to ensure that privacy implications will be appropriately identified, assessed and resolved before a new or substantially modified program or activity involving personal information is implemented.
Summaries of completed PIAs are available.
Please see the
Introduction to this publication for information on formal access procedures under the provisions of the
Access to Information Act and the
Privacy Act. The following outlines how to make a formal ATIP request.
Mail your letter or
Access to Information Request Form (Access to Information Act) or
Personal Information Request Form (Privacy Act), along with any necessary documents (such as consent or the $5.00 application fee for a request under the
Access to Information Act) to the following address:
Please note: Each request made to The Immigration and Refugee Board of Canada under the
Access to Information Act must be accompanied by an application fee of $5.00, cheque or money order made payable to the Receiver General for Canada.
Reading Room
In accordance with the
Access to Information Act and the Privacy Act, an area on the premises will be made available should the applicant wish to review materials on site. The address is:
344 Slater Street, 14th Floor
Ottawa, Ontario