News & Insights

To avoid delays in scheduling, counsel must provide their availability to the Immigration and Refugee Board of Canada (IRB) as directed and notify the Board promptly if their availability changes. While the IRB tries to consider counsel availability, it is not obligated to do so and must prioritize timely scheduling. The Board may set scheduling conferences and can set dates even if counsel is unavailable. In the event that counsel is retained after a date is set, the party must ensure the availability of counsel. The IRB rarely changes dates for newly retained counsel who are not ready to proceed. Counsel must be ready on the scheduled hearing date or arrange for a replacement; otherwise, the IRB may proceed without them or if applicable, start abandonment proceedings or consider the case abandoned.

Quick Reference – Key Steps

1. Submit availability: Provide available dates for scheduling when requested by the IRB, following their instructions.
   
2. Update availability: Notify the IRB immediately if previously submitted dates are no longer valid.
   
3. Participate in scheduling: Attend scheduling conferences if required by the IRB to help set proceeding dates.
4. Be prepared for scheduled dates:
   a) Ensure availability for proceedings, especially if retained after a date is set.
   b) The IRB is not obligated to reschedule if counsel is unavailable.
   
5. Avoid scheduling conflicts: If counsel is involved in too many cases, the IRB may schedule proceedings without regard to their availability.
6. Arrange for replacement if unavailable: If unable to attend proceedings, counsel must arrange for another qualified counsel to appear.

 For more information on the IRB’s expectations surrounding scheduling, please visit:

• Chairperson Guideline 6: Scheduling and Changing the Date or Time of a Proceeding
• Refugee Protection Division Rules – Rule 14 (1) – Becoming counsel of record

Christian Laverdure
National Registrar
Immigration and Refugee Board of Canada