CIMM Committee Report
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PART 7: IMMIGRATION AND REFUGEE
BOARD RULES
Although most of the Committee’s witnesses addressed the regulations proposed by Citizenship and Immigration Canada, one witness brought to our attention the issue of intervenor status in the proposed rules of the Immigration and Refugee Board.
The rules relating to the Refugee Appeal Division provide that under certain circumstances intervenors may seek status at a proceeding before the Division. With some exceptions, they are entitled to the same participation and notice rights as the other participants. The witness argued that three of those exceptions should be removed.
The result of removing the exceptions would be that:
Intervenors would receive notice of any specialized knowledge or information the Division was planning to use;
Intervenors could give notice that they wished to argue a constitutional question; and,
Intervenors would have the ability to argue, in an application to reopen an appeal that had already been decided, whether or not the Division had failed to observe a principle of natural justice.
It was also recommended that there should be a role for intervenors in the other divisions as well.
RECOMMENDATION 63
Immigration and Refugee Board rules should provide as much latitude as possible for intervenors before the Refugee Appeal Division so that their expertise can be fully utilized.
RECOMMENDATION 64
The Immigration and Refugee Board should consider whether it would be appropriate for the rules to provide for intervenor participation before all divisions of the Board.