Immigration And Refugee Board: Case Study

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You receive a telephone inquiry from Jose who has claimed refugee protection status and he has been given a date for a hearing before the Immigration and Refugee Board: Refugee Protection Division. He would like to change the date of the proceeding. How can this be done? Please explain, quoting the relevant section(s) of the statute / regulation. Answer: Jose must have a very good reason to explain why he will not be able to appear on the given date for his hearing before the IRB. He must make an application in a letter format in order to change the date, and must send the letter to the IRB as soon as possible. However, if Jose’s hearing is scheduled to take place in less than two days, he must appear at the hearing. Also, if a representative of the Canada Borders Services Agency (CBSA) is going to participate…show more content…
(2) The party must (a) follow rule 44, but is not required to give evidence in an affidavit or statutory declaration; and (b) give at least six dates, within the period specified by the Division, on which the party is available to start or continue the proceeding. (3) If the party wants to make an application two working days or less before the proceeding, the party must appear at the proceeding and make the application orally. Therefore, in Jose’s application of rescheduling, he must: 1. Explain why he want to change the date of his hearing; 2. He should first contact the IRB Registry office to find out which weeks or months the IRB has available for hearings. 3. Give at least 6 new dates on which he is available for the hearing. These 6 dates must be within a time period specified by the IRB. In general, the IRB will only change the date of hearing if Jose has a very good reason. According to the S. 48(4) of the Division Rules: (4) In deciding the application, the Division must consider any relevant factors,

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