Glossary - Refugee Law
In Immigration Law, Refugee Law
The Immigration and Refugee Board (IRB) is an independent tribunal and not part of the government. It holds hearings and makes decisions on immigration and refugee matters. It has 4 parts, called divisions:
- Immigration Division (ID) does admissibility hearings and detention reviews
- Immigration Appeal Division (IAD) decides appeals from some immigration decisions, including appeals of deportation orders and sponsorship applications
- Refugee Protection Division (RPD) decides when a person in Canada is a protected person
- Refugee Appeal Division (RAD) decides appeals from some decisions made by the Refugee Protection Division
The IRB is separate from Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.
In Immigration Law, Refugee Law
If you’re not a Canadian citizen, you have to meet the requirements of the Immigration and Refugee Protection Act if you want to enter or remain in Canada. Being inadmissible to Canada means that you don’t meet the requirements.
There are different requirements depending on the immigration status that you’re trying to get or keep.
Most criminal offences are “hybrid” offences. This means the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence:
- Summary offences are considered less serious. They go to the Ontario Court of Justice where the court process is simpler and faster. There is never a jury. A judge decides the case on their own. The maximum sentence is 2 years in jail, or a $5000 fine, or both.
- Indictable offences are considered more serious. They go to the Superior Court of Justice where the court process is more complicated and takes longer. Some cases are decided by a jury and some by a judge. The maximum sentence is often longer than 2 years in jail.
The youth court process and youth sentences are different.
