Analyzing and Discussing Immigration and Refugee Board Proceedings

The purpose of this assignment is to identify, analyze and discuss the issues in an Immigration and Refugee Board (IRB) proceeding, and to learn more about IRB hearing procedures. Due to the ongoing COVID-19 pandemic and current limits on public access to IRB hearings, unfortunately you will not be able to observe an IRB hearing in-person.

We have therefore prepared an alternative version of the Hearing Visit assignment. You are required to select one of the following three decisions, and prepare a report addressing the issues and questions discussed under the grading matrix

1. Igiewe v Canada (Citizenship and Immigration), 2017 CanLII 83530 (CA IRB)

2. Chen v Canada (Public Safety and Emergency Preparedness), 2018 CanLII 46036

3. Mathurin v Canada (Public Safety and Emergency Preparedness), 2019 CanLII 129174 (CA IRB)

Description of the hearing. – 6 Points

Does the student:

o Identify the nature of the case (refugee claim hearing, detention review, appeal hearing etc)?

o State why the hearing is before this particular division of the IRB?

o Identify the applicable sections of the Act and/or Regulations?

o Identify the different parties involved?

o Provide a brief summary of the facts, which is NOT copied/pasted from the decision?

Substantive Analysis: – 12 Points

Does the student:

o Identify the main issues? Note: Every hearing boils down to one or more issues that are contested by  the parties. These issues usually go to the core of the hearing and are likely to be determinative of its outcome.

o Identify which party bore the burden of proof?

o Identify the "theory of the case" for each party? Note: Please refer to assigned readings for further information on “case theory”.

o Identify what evidence, if any, was presented by the parties before the tribunal?

o Describe the strategic or litigation reason for providing the evidence?

o Identify and discuss any issues raised by either parties regarding procedural fairness?

Analysis of Reasons and Decision – 12 points. This section considers the student's analysis of the hearing as a whole, and their opinion regarding the decision.

Does the student:

o Outline the Member’s decision and reasons?

o Analyse the Member’s decision and answer all the following questions:

How did the decision address the main issues at dispute?

What issues did the Member focus on?

Do you agree with the Member’s findings? Please explain your reasons.

If you were counsel representing the main party subject to the hearing, what would you have done differently and why?

Your report should be 1,500 words maximum, double spaced, using Times New Roman size 12 font. Margins must be normal (2.54x2.54x2.54x2.54 cm). Each section of your paper should be marked by a heading. Case citation should follow the McGill Guide standard.

You should edit your report carefully to correct formatting, grammatical and spelling errors.

Marks will be deducted should you fail to follow these guidelines.

We recommend that you organize the sections of your paper according to the weighting outlined in the grading matrix. You should aim to use 20% of your report for your description of the hearing, 50% for your substantive analysis, and 30% for your analysis of the decision and reasons