Any body has submitted a request to IRB for the file review process?

[Mancini]

Good evening everybody here..

Has anyone submitted a request to IRB for the file review process? The form is available here: https://irb.gc.ca/en/forms/Pages/request-file-review-processing.aspx

There are certain criteria that should be met for a refugee claim to be eligible for the file review process, such as that the claimant should be of a country with high approval rate, the claimant is from a country that has clear evidence of troubles (such as Ukraine, Syria, Yemen, Afghanistan, etc.) no apparent security concerns,

This form is available to the public. I think that one reason of making this form available to the public is to indicate to IRB that the refugee claim can be channeled through the file review process. This will in turn save the time and valuable resources of IRB. A regular hearing will take at least 4 hours and sometimes even more; while a short hearing may take up to 2 hours. The file review process, on the other hand, does not involve a hearing, unless certain issues emerge from the process which may require IRB to request a short hearing or a regular hearing.

However, can this action, i.e. submitting this request to IRB, be considered by IRB as intervening in their business or somehow dictating on them what they should do? Logically, submitting such a request should not be interpreted in this manner, otherwise IRB would not have made this form available to the public.

 

[hotminaj]

Good evening everybody here..

Has anyone submitted a request to IRB for the file review process? The form is available here: https://irb.gc.ca/en/forms/Pages/request-file-review-processing.aspx

There are certain criteria that should be met for a refugee claim to be eligible for the file review process, such as that the claimant should be of a country with high approval rate, the claimant is from a country that has clear evidence of troubles (such as Ukraine, Syria, Yemen, Afghanistan, etc.) no apparent security concerns,

This form is available to the public. I think that one reason of making this form available to the public is to indicate to IRB that the refugee claim can be channeled through the file review process. This will in turn save the time and valuable resources of IRB. A regular hearing will take at least 4 hours and sometimes even more; while a short hearing may take up to 2 hours. The file review process, on the other hand, does not involve a hearing, unless certain issues emerge from the process which may require IRB to request a short hearing or a regular hearing.

However, can this action, i.e. submitting this request to IRB, be considered by IRB as intervening in their business or somehow dictating on them what they should do? Logically, submitting such a request should not be interpreted in this manner, otherwise IRB would not have made this form available to the public.

you can, if you feel you meet the criteria, i don't think they will interpret it has how you think they would

 

[Mancini]

you can, if you feel you meet the criteria, i don't think they will interpret it has how you think they would

Thank you.. I hope so too.

 

[Mancini]

Guys.. no one did it before? nobody submitted a request for the file review process?

 

[Simba112]

Guys.. no one did it before? nobody submitted a request for the file review process?

There are plenty of applications for FR process. technically if they send you letter to appear for hearing consider your FR was rejected

 

[hotminaj]

Guys.. no one did it before? nobody submitted a request for the file review process?

i mean my lawyer did, but when my file was transferred from mtl to toronto, it was rejected, and i got a regular hearing but then while i was at the hearing it was a short one, it lasted about 1 hour. 30 minutes was questions about if i'm the actual person who i say am and 20 minutes was questions about my claim and the other 10 minutes was why the member accepted my claim. so you never know!

 

[spamed]

is this something new? i had my hearing in oct 2023 and never heard of applying for it! I thought they randomly considered you themselves if they felt your case was simple

 

[Mancini]

There are plenty of applications for FR process. technically if they send you letter to appear for hearing consider your FR was rejected

Hello Simba,
You have been of great help to everyone here.. Thank you so much.

 

[Mancini]

i mean my lawyer did, but when my file was transferred from mtl to toronto, it was rejected, and i got a regular hearing but then while i was at the hearing it was a short one, it lasted about 1 hour. 30 minutes was questions about if i'm the actual person who i say am and 20 minutes was questions about my claim and the other 10 minutes was why the member accepted my claim. so you never know!

Thank you so much for sharing your experience. Congratulations on making it, and hopefully you'll get your PR and become a Canadian citizen with your loved ones.

I hope to hear some good news soon hopefully.

 

[Mancini]

is this something new? i had my hearing in oct 2023 and never heard of applying for it! I thought they randomly considered you themselves if they felt your case was simple

No, it is not something new, it is available on IRB's website. Of course IRB will ultimately decide whether or not to consider the application, but they have made this application available to the public maybe in a way to help IRB better allocate their resources.

Any way, it is good that you didn't need and that you've made it through.

 

[Simba112]

Hello Simba,
You have been of great help to everyone here.. Thank you so much.

Anytime Mancini. Hope everything is well with you and the family.

 

[Yelsew]

Thank you, Mancini, Simba and others who have posted good information here. Although I was aware of the file review and short-hearing process, I didn't know that a claimant could actually apply to be considered for file review by RPD, with the understanding, of course, that the request might not be granted. I read that one of several criteria that IRB may use in deciding eligibility for a file review or short hearing is whether claims from a given country have an acceptance rate of 80% or higher. However, I can't find a list of such countries on the IRB website--does anyone know if that information is available? Mancini, you mentioned a few countries like Syria and Ukraine which have been ravaged by war, but did you find a complete, up-to-date list? I realize that as conditions deteriorate or improve, the list of countries will change.
To be more specific, I know of several people who have applied for asylum in Canada on the basis of sexual orientation. Almost all of them are from African countries that have harsh anti-LGBTQ laws. Or are cases like this less likely to be considered (despite the harsh laws) because of difficulties in providing documentation to support the claimant's BOC?

 

[Simba112]

Thank you, Mancini, Simba and others who have posted good information here. Although I was aware of the file review and short-hearing process, I didn't know that a claimant could actually apply to be considered for file review by RPD, with the understanding, of course, that the request might not be granted. I read that one of several criteria that IRB may use in deciding eligibility for a file review or short hearing is whether claims from a given country have an acceptance rate of 80% or higher. However, I can't find a list of such countries on the IRB website--does anyone know if that information is available? Mancini, you mentioned a few countries like Syria and Ukraine which have been ravaged by war, but did you find a complete, up-to-date list? I realize that as conditions deteriorate or improve, the list of countries will change.
To be more specific, I know of several people who have applied for asylum in Canada on the basis of sexual orientation. Almost all of them are from African countries that have harsh anti-LGBTQ laws. Or are cases like this less likely to be considered (despite the harsh laws) because of difficulties in providing documentation to support the claimant's BOC?

There is no list for eligible countries for file review process. Idea is to avoid legal challenges with designating countries, same as it happened with Designated Countries of Origin. Below are the only consideration and it is up to member's discretion

The RPD generally considers the following criteria when determining if a country or claim type is appropriate for the file-review process:

1. Countries or claim types that have an acceptance rate of 80% or higher.
2. Countries or claim types where identity is generally established by reliable documents.
3. Countries or claim types where the evidence is not ambiguous regarding the risk generally faced by claimants.
4. Countries or claim types where complex legal or factual issues do not often arise at the hearing.

 

[Mancini]

Thank you, Mancini, Simba and others who have posted good information here. Although I was aware of the file review and short-hearing process, I didn't know that a claimant could actually apply to be considered for file review by RPD, with the understanding, of course, that the request might not be granted. I read that one of several criteria that IRB may use in deciding eligibility for a file review or short hearing is whether claims from a given country have an acceptance rate of 80% or higher. However, I can't find a list of such countries on the IRB website--does anyone know if that information is available? Mancini, you mentioned a few countries like Syria and Ukraine which have been ravaged by war, but did you find a complete, up-to-date list? I realize that as conditions deteriorate or improve, the list of countries will change.
To be more specific, I know of several people who have applied for asylum in Canada on the basis of sexual orientation. Almost all of them are from African countries that have harsh anti-LGBTQ laws. Or are cases like this less likely to be considered (despite the harsh laws) because of difficulties in providing documentation to support the claimant's BOC?

@Simba112 has listed the criteria established by IRB, so this is based either on the country or claim type. For LGBTQ claims (claim type), the acceptance rate is very high where there is a clear evidence of anti-LGBTQ laws (or even norms or practices). However, it all ultimately rests with the member reviewing the documents and at their own absolute discretion. Additionally, sometimes the Minister may decide to interfere regarding a specific claim.