Canadian Refugee Procedure, 163 - Composition of Panels

IRPA Section 163

The relevant provision of the Immigration and Refugee Protection Act reads:

Composition of panels
163 Matters before a Division shall be conducted before a single member unless, except for matters before the Immigration Division, the Chairperson is of the opinion that a panel of three members should be constituted.

Commentary

The RPD only uses three-member panels for training purposes

The IRB publishes a policy instrument on their website entitled Designation of three-member panels - Refugee Protection Division. It notes that the Chairperson's authority to designate three-member panels for matters before the RPD has been delegated to the Deputy Chairperson (DC) and to the Assistant Deputy Chairpersons (ADCs) of the RPD and so the Chairperson need not form the above-noted opinion personally. However, under this delegation cases may only be designated to be heard by three-member panels for training purposes.1] That policy states that "assignment of three-member panels will be solely for training purposes" which appears to indicate that three-member panels will not be used in other circumstances, such as where a case is seen to be complex. For more details, see the commentary to RPD Rule 68(2): [Canadian Refugee Procedure/RPD Rules 67-68 - Decisions#RPD Rule 68(2) - When a decision of a three member panel takes effect.

The RAD has issued a policy with respect to three-member panels

The IRB has issued a policy with respect to RAD three-member panels, which discusses criteria for designation, requests for a three-member panel, and notice of a three-member panel.2] This provision has been used in the past; on May 17, 2017, the RAD issued a decision by a three-member panel,[3] which provided guidance to RAD members as to when the RPD is in a better position to make findings with respect to the credibility of oral testimony (subsequently overturned on judicial review[4]). See also the following provision of the IRPA with respect to the precedential value of such three-member RAD panels: [Canadian Refugee Procedure/IRPA Section 171 - Proceedings#IRPA Section 171(c).

References

• ↑ Immigration and Refugee Board of Canada, Designation of three-member panels - Refugee Protection Division, <https://irb-cisr.gc.ca/en/legal-policy/policies/Pages/PolRpdSpr3MemCom.aspx> (Accessed April 13, 2020).
• ↑ IRB Policy and Procedures Directorate. Designation of Three-Member Panels. April 12, 2013. <https://irb-cisr.gc.ca/en/legal-policy/policies/Pages/PolRpdSpr3MemCom.aspx>.
• ↑ X (Re), 2017 CanLII 33034 (CA IRB), <http://canlii.ca/t/h41zf>.
• ↑ Rozas Del Solar v. Canada (Citizenship and Immigration), 2018 FC 1145.

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