TABLE OF CONTENTS

• INTRODUCTION
  • Canada's Immigration and Refugee System
  • About the Immigration and Refugee Board of Canada
  • The Tribunal Process
  • The Refugee Protection Division
  • The Immigration Appeal Division
  • The Immigration Division
  • About interpretation services at the IRB
• PART I - ROLE OF THE INTERPRETER
  • Nature of the relationship between the interpreter and the IRB
  • Type of interpretation
  • Means of interpretation
  • Ensuring fairness
  • Context of interpretation
• PART II - GUIDELINES FOR INTERPRETERS
  • No appearance of bias, and no actual bias
  • Accurate interpretation
  • Preparation and tools
  • Appropriate communication
  • Professional conduct
• PART III - GENERAL INFORMATION
  • Accreditation
  • Reliability check
  • Code of conduct
  • Dress
  • Attendance
  • Punctuality
  • Dictionary
  • Calendar
  • Recording of proceedings
  • Use of telecommunications
  • Termination of proceedings
  • Swearing in
  • Contact address
• PART IV - OTHER PARTICIPANTS AT PROCEEDINGS
  • The following paragraphs contain a brief description of the roles of the various participants in the proceedings
• PART V - REFUGEE PROTECTION DIVISION (RPD) HEARINGS
  • Participants
  • Procedure at RPD hearings
• PART VI - IMMIGRATION APPEAL DIVISION (IAD) HEARINGS
  • Participants
  • Procedure at Appeal Division hearings
• PART VII - ALTERNATIVE DISPUTE RESOLUTION (ADR) CONFERENCES
  • What is an ADR Conference?
  • Who will attend the ADR Conference?
  • Who will make decisions at the ADR Conference?
  • How is an ADR Conference different from a hearing?
  • What will happen at the ADR Conference?
  • COMMONLY USED ADR TERMS
• PART VIII - ADMISSIBILITY HEARINGS
  • Participants
  • Procedure at an Admissibility Hearing
• PART IX - DETENTION REVIEWS
  • Participants
  • Procedure at detention reviews
• PART X - SELECTED SECTIONS OF THE IMMIGRATION AND REFUGEE PROTECTION ACT AND REGULATIONS
• PART XI - COMMONLY USED TERMS
• ANNEX - Part 1: GLOSSARY
• ANNEX - Part 2: How to improve your memory and note taking skill

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INTRODUCTION

This handbook provides information that will assist you in performing your duties when called on to provide interpretation services at the Immigration and Refugee Board (IRB). It gives an overview of the processes in place within the IRB, in particular the purpose of a Convention refugee hearing, an appeal hearing, an admissibility hearing and a detention review, and explains what is expected of you in the context of these proceedings. It also contains a brief outline of the participants and procedures.

The information contained in the handbook provides some explanation about what the interpreter should or should not do to comply with the Code of Conduct for Interpreters (the Code of Conduct). This Code forms part of the interpreter's contract with the IRB. All three documents, the contract, the Code of Conduct and the handbook, inform interpreters about their role, duties and responsibilities.

Canada's Immigration and Refugee System

Canada's immigration and refugee system has three main parts:

• Citizenship and Immigration Canada
• Canada Border Services Agency
• Immigration and Refugee Board of Canada

All three are part of the Government of Canada.

Citizenship and Immigration Canada (CIC) has overall responsibility for immigration and refugee matters. For example, CIC:

• decides who should be referred to the IRB to apply for refugee protection in Canada
• selects those who can immigrate to Canada
• issues visitor, worker and student visas
• issues travel documents
• determines residency obligations
• grants Canadian citizenship
• administers resettlement programs

The Canada Border Services Agency (CBSA) provides integrated border services, such as managing, controlling and securing Canada's borders, in support of national security priorities. For example, the CBSA:

• admits people to Canada
• refers refugee claims made at ports of entry to the IRB
• detains people who are a security risk or a danger to the public
• removes people who are inadmissible to Canada

The CBSA is part of the Government of Canada's public safety portfolio. It is an agency of Public Safety and Emergency Preparedness Canada (PSEP) .

The Immigration and Refugee Board of Canada (IRB) makes decisions on immigration and refugee matters in Canada. The IRB:

• decides who needs refugee protection
• hears appeals on certain immigration matters
• conducts admissibility hearings and detention reviews

The IRB is Canada's largest administrative tribunal. Although it reports to Parliament through the Minister of Citizenship and Immigration, the IRB is independent of both Citizenship and Immigration Canada and the Canada Border Services Agency.

The IRB makes decisions that affect the lives and liberty of the people appearing before it. These decisions contribute to the security of Canadians and the integrity of our immigration and refugee system.

About the Immigration and Refugee Board of Canada

The Immigration and Refugee Board of Canada is made up of three divisions:

• the Refugee Protection Division
• the Immigration Division
• the Immigration Appeal Division

The Refugee Protection Division (RPD) decides claims for refugee protection made by people already in Canada.

The Immigration Division (ID) hears two types of cases:

• immigration admissibility hearings for foreign nationals or permanent residents who are believed to have contravened the Immigration and Refugee Protection Act (IRPA)
• cases of foreign nationals or permanent residents held in detention for immigration reasons

The Immigration Appeal Division (IAD) hears appeals on immigration matters. These include:

• appeals by sponsors whose applications to bring family members to Canada have been refused by Citizenship and Immigration Canada (CIC)
• appeals of removal orders made against permanent residents, refugees and other protected persons, as well as foreign nationals with permanent resident visas
• appeals by permanent residents who have been found by a visa officer outside Canada not to have met their residency obligation
• appeals by the CBSA on behalf of Public Safety and Emergency Preparedness Canada (PSEP) of decisions on admissibility made by the Immigration Division of the IRB.

The IRB does... the IRB does not

The IRB does...	The IRB does not...	CIC does...	The CBSA does...
	make refugee and immigration policy	yes	no
	determine the eligibility of people to claim refugee protection	yes	yes
decide refugee claims made by people in Canada	decide refugee claims made by people abroad	yes	no
hold admissibility hearings to determine if people may enter or remain in Canada	select immigrants	yes	no
hold detention reviews	arrest and detain people under IRPA	no	yes
hear and decide appeals on immigration matters (removal orders, sponsorship appeals, residency obligations)	issue visitor visas, student visas, travel documents, work permits or Minister's permits	yes	no
	determine residency obligations	yes	no
	do pre-removal risk assessments (PRRA)	yes	no
	remove people from Canada	no	yes
	decide applications to stay in Canada on humanitarian and compassionate grounds	yes	no
	issue security certificates	yes	yes
	grant Canadian citizenship	yes	no

The Tribunal Process

While each division of the IRB is responsible for making decisions on different immigration or refugee matters, they all follow an administrative tribunal process similar to what happens in a court, though less formal. The process is flexible and can take many forms so long as it ensures that the IRB makes well-reasoned, efficient and fair decisions. The IRB tribunal process is based on Canadian law, Canada's international obligations and Canada's humanitarian traditions.

In the tribunal process:

• A person appearing before the IRB has the right to be represented, at his or her own expense, by counsel - a lawyer, immigration consultant, trusted advisor or family member.
• A person has the right to be heard and to present evidence and arguments to an impartial decision-maker.
• Hearings are usually held in person. They can also be held by videoconference, telephone or other means that allow for a fair hearing.
• Proceedings may be in English or French and a person appearing before the IRB may also use an interpreter.
• All testimony is given under oath (by swearing on a holy book) or by affirmation (a solemn promise to tell the truth).
• The people who hear the cases and make the decisions are called members. In most cases, one member hears the case.
• Hearings of refugee claims are usually held in private.
• Other hearings are usually open to the public. That means media or members of the public may observe hearings or get information about a case.
• The setting and procedures for hearings are generally informal, so evidence is not limited by technical or legal rules.
• Each division has rules on procedures. The rules cover matters such as time limits, evidence, documents and other responsibilities of counsel or the people appearing before the IRB.
• All decisions are based on the evidence provided and the law.
• Members must provide reasons for final decisions. Sometimes the member may not write out the reasons, but may state them at the end of the hearing. Or, sometimes the member may write out the reasons for the decision later, after the hearing.
• A person appearing before the IRB, the Minister of Citizenship and Immigration, or the Minister of Public Safety may apply to the Federal Court of Canada for a judicial review of an IRB decision. However, the person or the Ministers' representative must first obtain the Court's permission. This is called leave.

The Refugee Protection Division

What does it do?

The Refugee Protection Division (RPD) decides refugee claims made by people who are in Canada. It holds refugee determination hearings or uses other processes to come to these decisions. Citizenship and Immigration Canada (CIC) decides refugee claims made by people outside Canada, for example, through resettlement programs for people living in refugee camps.

Canada has an obligation to grant protection to Convention refugees and other persons in need of protection. This is because Canada has signed a number of United Nations conventions, including:

• the 1951 Convention Relating to the Status of Refugees
• the 1967 Protocol Relating to the Status of Refugees
• the 1984 Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment

The RPD determines whether people who appear before it are:

• Convention refugees
• persons in need of protection

In this Handbook, both will be called "refugees".

Who are Convention refugees and persons in need of protection?

Convention refugees are people who have left their home country and have a well-founded fear of persecution based on

• race
• religion
• nationality
• political opinion, or
• membership in a particular social group

Persons in need of protection are people whose removal to their home country would subject them personally to

• a danger of torture
• a risk to their life, or
• a risk of cruel and unusual treatment or punishment

However, with respect to the risk to life or the risk of cruel and unusual treatment or punishment, there are some limits:

• The risk in question must exist throughout the country.
• The risk must be personal; it cannot be a risk faced generally by other people in or from the country.
• The risk must not come from a lawful punishment or penalty that meets accepted international standards. For example, the risk of being jailed for having committed a crime such as murder.
• The risk must not be caused by the country's inability to provide adequate health or medical care.

What is the process for making a claim for refugee protection?

To claim refugee protection, a person must first notify an immigration officer. This can be done at any port of entry to Canada (a border crossing, an airport or a seaport), at a Canada Immigration Centre or at a Canada Border Services Agency (CBSA) office. Any person, who is not a Canadian citizen, can claim refugee protection. The officer will interview the person making the claim, as the refugee claimant, and unless the officer determines that the claim is not eligible, he or she will send it to the Refugee Protection Division of the IRB. If the officer does not make a decision within three working days, the claim will be automatically be sent to the IRB for consideration.

The refugee claimant has the burden of proof. This means that, as the claimant, the person must show that the claim meets the conditions for being referred to the IRB - in other words, that the claim is eligible for refugee protection.

If the claim is eligible and it is referred to the IRB, the person will be given information about the hearing process. This information will include a Personal Information Form (PIF) that must be completed within 28 days. The claimant must fill out the PIF in full, stating the facts of the claim accurately and truthfully.

What happens next to the claim?

The IRB reviews each claim to determine the fairest and most efficient way to come to a decision about it. The IRB considers many factors, including the country the claim is made against and the nature of the claim itself. The IRB then selects one of three possible ways to decide the claim:

• a fast-track expedited process
• a fast-track hearing
• a full hearing

The refugee determination process is usually non-adversarial. This means that the member (the decision-maker) or an IRB employee called a refugee protection officer (RPO) asks the claimant questions about the facts supporting the claim in order to establish the truth of the story. No one argues against the claim.

Here is a description of each of the three ways:

• The fast-track expedited process is used for claims from certain countries or for certain types of claims. The categories of claims change from time to time, for example, depending on country conditions. In the expedited process, the refugee protection officer interviews the claimant. The officer then makes a recommendation about the claim. If the recommendation is favourable, the claim is forwarded to a member who will decide if it should be accepted without a hearing. A hearing is held if the claimant is not granted refugee protection through the expedited process.
• Fast-track hearings are held for claims that appear to be simple because they may be decided on the basis of one or two issues. A refugee protection officer does not attend these hearings.
• Full hearings are held for claims that involve more than two issues and may be complex. Full hearings follow the general tribunal process described on page 7. In a limited number of cases, Minister's counsel participates in the hearing to argue against the claim. A refugee protection officer may assist the member to ensure that all relevant evidence is presented. Representatives of the United Nations High Commissioner for Refugees (UNHCR) may observe the hearing.

The IRB will assign the claimant to one of these processes: the fast-track expedited process, a fast-track hearing or a full hearing. The claimant will receive a letter with a date, time and place to appear. The claimant must appear or the IRB will assume that the claimant has abandoned, or dropped, his/her claim. If the claimant cannot make the scheduled time for a serious reason, such as illness, he/she must contact the IRB right away. A new time may be scheduled.

The refugee determination process

The following chart illustrates the refugee determination process:

The fast-track expedited or fast-track hearing process

The following chart illustrates the fast-track expedited or the fast-track hearing process:

What information does the IRB use to determine who is a refugee?

The IRB uses testimony and evidence given by the claimant about his or her claim. Members also receive full and regular training. They develop expertise on the human rights conditions in many countries and have access to all IRB research.

The IRB Research Program makes current, public and reliable information available to everyone involved in a refugee claim. IRB research supports fair refugee protection determination. Researchers gather information through interviews with human rights workers, journalists, academics and other authorities. They also gather information through a wide range of publications on international affairs and refugee and migration issues. Using many different sources ensures that the information is fair, full and reliable. As well, the IRB exchanges information on country conditions with international organizations such as the UNHCR, foreign government agencies, and non-governmental organizations. This information is available on the IRB Web site: www.irb-cisr.gc.ca.

What happens after a claim is decided?

If the IRB determines that a person is a refugee entitled to protection in Canada, that person may apply to Citizenship and Immigration Canada to become a permanent resident.

If the IRB determines that a person is not a Convention refugee or person in need of protection, that person may ask the Federal Court of Canada for leave, or permission, for judicial review of the IRB's decision. If permission is granted and the judicial review is allowed, the claim is returned to the RPD for re-hearing. Minister's counsel may also apply for leave, or permission, for a judicial review of any IRB decision. Unsuccessful claimants may have other options, such as requesting a pre-removal risk assessment from CIC.

The Immigration Division

What does it do?

The Immigration Division (ID) holds admissibility hearings for people who are believed to have contravened the Immigration and Refugee Protection Act (IRPA). If the Canada Border Services Agency (CBSA) believes you are inadmissible to Canada, it will ask the IRB to hold an admissibility hearing to determine if you are admissible, that is, whether you may enter or remain in Canada.

The ID also holds detention reviews for people who are detained, or held, by the CBSA for immigration reasons. If a person is detained, they must have their detention reviewed within a certain time, as set out in IRPA. At a detention review, the IRB decides if a person may be released from detention.

Who appears before the Immigration Division for an admissibility hearing?

At the request of the CBSA, foreign nationals or permanent residents who are believed to have contravened IRPA appear before the ID for admissibility hearings. (In a limited number of cases, Citizenship and Immigration Canada (CIC) may also request an admissibility hearing).

A person may not be able to enter or remain in Canada if the ID determines that they:

• have failed in some way to comply with IRPA
• are a security threat
• have violated human or international rights
• have been involved in crime or organized crime
• have engaged in misrepresentation, such as claiming a false identity
• have a health condition (in some cases)
• do not have enough money to support themselves, or
• are accompanying an inadmissible family member

In some cases, the CBSA has the power to issue removal orders, that is, to send a person out of Canada, without requesting an admissibility hearing.

What are the different kinds of removal orders?

There are different types of removal orders, depending on the person's status in Canada and other factors.

Departure order

This is an order to leave Canada within 30 days after the order comes into effect. Before leaving Canada, the person must notify the CBSA, which will give them a certificate of departure as proof of their compliance. If they do not leave (or if they do not notify the CBSA), the departure order automatically becomes a deportation order after 30 days.

When the CBSA refers someone, as a refugee claimant, to the IRB, it also issues a conditional departure order against that person. This order will only come into effect, and the CBSA will only remove them, if they abandon their claim for refugee protection, or if the IRB does not grant them refugee protection.

Exclusion order

Under an exclusion order, a person must leave Canada and cannot return for at least a year unless they have written permission from the Government of Canada. If they were removed for misrepresentation - for example, purposely not telling the truth - they cannot come back for two years, unless they have written permission from the Government of Canada.

Deportation order

Under a deportation order, a person will be removed from Canada and they are permanently barred from Canada. This type of removal order is issued for inadmissibility, for example, if they are a security threat, or have committed a serious violation of IRPA. If they are deported, they may not return unless they have written permission from the Government of Canada.

What happens at an admissibility hearing?

When the CBSA requests an admissibility hearing, it also sends the IRB a report. The report explains why it believes a person should not be allowed to enter or remain in Canada. The ID then holds an admissibility hearing. Admissibility hearings are adversarial. This means that Minister's counsel will say why a person should not be allowed to enter or remain in Canada. The person, or their counsel, will respond. After considering all the evidence, the member (the decision-maker) makes a decision and then issues an order. The order either requires them to leave Canada or allows them to enter or remain in Canada. Terms and conditions may be imposed. If a person was in detention, the member may order them to remain in detention if he or she believes that the reasons for the original detention still stand.

What happens after an admissibility hearing?

In some cases, a person may be able to appeal the removal order to the Immigration Appeal Division (IAD) of the IRB. (For more information about removal order appeals, see page 21.) In some cases, a person may be able to seek permission, or leave, of the Federal Court of Canada for a judicial review of the IRB's decision. Minister's counsel may also seek leave for judicial review.

The admissibility hearing process

The following chart illustrates the admissibility hearing process:

Who appears before the Immigration Division for a detention review?

Foreign nationals or permanent residents who have been detained by the CBSA for immigration reasons appear before the ID for detention reviews. The CBSA may detain, or hold, someone (the foreign national or permanent resident) if it has reasonable grounds to believe that they:

• are unlikely to appear for an examination, hearing or removal
• are a danger to the public
• are inadmissible – that is, not allowed to enter or remain in Canada – for security reasons, or for violating human or international rights, or
• have not established their identity to the CBSA's satisfaction (this only applies to foreign nationals)

A person may be held in a minimum-security immigration holding centre or in a provincial correctional facility.

What happens at a detention review?

When the CBSA detains someone, a detention review must be held to decide whether there is reason under IRPA to continue their detention. Within 48 hours of when they are first detained (or as soon as possible afterwards), the ID will review the reasons for their detention. A member will hear arguments from Minister's counsel about why a person should remain detained. The person, or their counsel, will respond. The member may then order that they remain in detention.

If the member orders them to remain in detention, they will appear for another hearing before the ID within seven days of the first review. The ID holds further hearings at least once every 30 days for as long as they are detained. A person may ask for an early review of their detention at any time, but they must present new facts to justify the request. Either they or Minister's counsel may ask the Federal Court of Canada for leave, or permission, for a judicial review of any IRB decision on detention.

If the member finds that there is no longer a reason under IRPA to continue their detention, then the member may order their release. The member may also order certain terms and conditions, such as posting a bond (a cash deposit) or guaranteeing to do something, such as reporting on a regular basis to an immigration office.

The detention review process

The following chart illustrates the detention review process:

The Immigration Appeal Division

What does it do?

The Immigration Appeal Division (IAD) hears appeals on immigration matters. There are four types of appeals:

• sponsorship appeals
• removal order appeals
• residency obligation appeals
• Minister's appeals

Here is a description of each type of appeal:

Sponsorship appeals

If a person is a Canadian citizen or a permanent resident, and their application to sponsor the immigration of a close family member to Canada has been refused, they may appeal to the IAD.

Note: They may not appeal if their family member has been found to be inadmissible because of:

• a serious criminal offence punished in Canada by a term of imprisonment of two years or more
• involvement in organized crime
• security grounds
• violations of human or international rights, or
• misrepresentation (unless the person is their spouse, common-law partner or child)

Removal order appeals

If a person is a permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa and they have been ordered removed from Canada, they may appeal to the IAD.

Note: They may not appeal if they have been found to be inadmissible to Canada because of:

• a serious criminal offence punished in Canada by a term of imprisonment of two years or more
• involvement in organized crime
• security grounds, or
• violations of human or international rights

Residency obligation appeals

Generally, IRPA requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If they are outside Canada and a Citizenship and Immigration Canada (CIC) visa office (also outside Canada) finds that they have not met this residency obligation, they may lose their permanent resident status. You may appeal the CIC decision to the IAD.

Minister's appeals

The Minister of Public Safety may appeal to the IAD a decision on admissibility made by the Immigration Division.

What are the grounds for an appeal?

The IAD may allow an appeal - and set aside the original decision - if there was:

• an error in law or fact
• a breach of a principle of natural justice

In some cases, the IAD may give special relief and allow an appeal based on humanitarian and compassionate considerations, such as the best interests of a child. However, to qualify for this relief, the sponsor and their family member must fit in the IRPA definition of "sponsor" and "member of the family class".

What happens if a person appeals a sponsorship refusal?

As a sponsor, a person has 30 days after the refusal to appeal to the IAD. Some sponsorship appeals go through an informal alternative dispute resolution process.

If their appeal is allowed and the original decision is set aside, CIC will resume processing the sponsorship application. CIC is bound by the IRB's decision. However, it is possible for CIC to refuse the application on other grounds, which they may also appeal to the IAD.

Either the Minister of Citizenship and Immigration or the sponsor, may apply to the Federal Court of Canada for leave, or permission, for judicial review of the IRB's decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.

The sponsorship appeal process

The following chart illustrates the sponsorship appeal process:

What happens if a person appeals a removal order?

If a person wants to appeal a removal order, they must do so within 30 days of its issue. In most cases, a member (decision-maker) will hear their appeal according to the tribunal process described on page 8. Not everyone can appeal. For example, if they have been convicted of a crime with a sentence of two years or more or if they are a security threat, they cannot appeal their removal order.

If the appeal is allowed, the removal order is set aside and they may remain in Canada. If the appeal is dismissed, the removal order will be upheld and the CBSA could remove them from Canada. (For more information on types of removal orders, please see page 15).

Instead of deciding to allow or dismiss the appeal, in many cases, the IAD may decide to stay the removal order. This means that, temporarily, it will not be carried out. The IAD will reconsider their appeal later, at a time set by the member hearing the appeal. If this happens, the person must also meet certain conditions, such as reporting regularly to a CBSA office. The IAD may, at any time, change the conditions or cancel the stay. If the IAD cancels the stay, it will then decide to either allow or dismiss the appeal.

As with sponsorship appeal decisions, either the person or Minister's counsel may apply to the Federal Court of Canada for leave, or permission, for judicial review of any IRB decision.

The removal order appeal process

The following chart illustrates the removal order appeal process:

What happens if a person appeals a decision on the residency obligation?

If a person is a permanent resident and CIC says that they have not met the residency obligation, they must appeal no later than 60 days after receiving the decision letter from CIC.

A person may be outside Canada when they receive the decision letter from CIC on the residency status determination. If they were in Canada at any time over the past 365 days, CIC must give them a travel document so that they can re-enter the country. In other cases, they may apply to the IAD for a travel document. If the IAD decides that they must be at the hearing in person, it may issue an order. CIC will then issue them a travel document to allow them to enter Canada for the hearing. If they are not in Canada for the hearing, the hearing may be held by telephone.

Either way, in most cases, a member will hear their residency obligation appeal according to the tribunal process described on page 7.

If the appeal on their residency obligation is allowed, the IAD will set aside CIC's decision and they will keep their permanent resident status. If the appeal is dismissed, they will lose their permanent resident status. If they are in Canada, the IAD will order their removal from Canada.

Either the person or Minister's counsel may apply for leave, or permission, from the Federal Court of Canada for judicial review of any IAD decision.

The residency obligation appeal process

The following chart shows the residency obligation appeal process:

About interpretation services at the IRB

Canadian law recognizes that everyone has a right to a fair hearing. This means, in part, that all participants must fully understand every statement made and document produced in legal proceedings. As a tribunal, the IRB has the duty to provide interpretation for any party who does not understand or speak the language of the proceedings.

In all its practices and processes, the IRB strives to act simply, quickly and fairly. It acknowledges that its clients have specific needs and will accommodate them to its utmost ability.

Many people who appear before the IRB come from countries where various languages are spoken. Quite often, these people are not conversant in either English or French, the two official languages of Canada. Interpretation services are therefore required so that the IRB decision-makers and other participants in the proceedings are able to communicate with the person who is the subject of the proceedings and that the latter is given an opportunity to communicate in a language with which he/she is familiar. Interpreters, therefore, play an important role both for the IRB and for the persons concerned by assisting them to communicate accurately. The provision of interpretation services ensures fairness of the process, and thus helps the IRB to achieve its goals.

PART I - ROLE OF THE INTERPRETER

Nature of the relationship between the interpreter and the IRB

You, as an interpreter, provide interpretation services as an independent contractors and when needed by the IRB. You are not an employee of the IRB. Signing a contract with the IRB does not guarantee that your services will be used any fixed or minimum number of times. The IRB has sole discretion to call upon your services during the course of the contract.

As an interpreter, you must sign the Code of Conduct for Interpreters (the Code of Conduct) prior to being contracted by the IRB. The Code of Conduct sets the standards that you are expected to meet in providing interpretation services at the IRB.

Type of interpretation

Your task as an interpreter is to interpret orally all dialogue and, in some cases, short documents submitted during, before, or after the proceedings. You will have to interpret both from the language of the person who is the subject of the proceedings into English or French, and from English or French into the language of that person, using consecutive interpretation. Whatever is said in one language should be interpreted faithfully and accurately into the other language using the exact equivalent meaning and structure.

Means of interpretation

While most of the time the participants in the process are all in the same room, it may happen that you will be required to interpret over the telephone or in the context of a videoconference.

Ensuring fairness

While performing your duties, you must be objective and impartial. Your role is to provide interpretation, not to give advice or explanations to the person who is the subject of the proceedings. You should disclose to the case management officer, the clerk or the presiding decision-maker any real or potential conflict of interest you may have with the subject of the proceedings (see Rule 4 of the Code of Conduct).

You are the vehicle for transferring the messages between the subject of the proceedings and other participants. You are asked to interpret only what is stated, without omitting, adding or altering what is said. It is both wrong in law and unfair in general that there be any deviation from the accepted principle that every statement be interpreted. By following this principle and the instructions of the presiding decision-maker in each instance, you will help ensure a fair and proper hearing.

Context of interpretation

The IRB may need to retain your services in different settings: for a RPD hearing, an IAD hearing, an admissibility hearing, a detention review, or in other situations where the personnel of the IRB need to meet or speak with the subject of the proceedings. These proceedings are described below.

The Immigration and Refugee Protection Act is the statute that governs the activities of the IRB although other statutes are also referred to. While certain words may have a common meaning, in the context of this legislation they may have a more refined legal meaning. We encourage you to refer to the Act to appreciate this distinction.

During a hearing before the RPD, refugee claimants are requested to tell the panel what has led them to claim refugee status. In having to provide details about their circumstances, claimants often have to recall very sensitive and emotional moments of their life, about which they may find it difficult to speak. In those instances, your ability to demonstrate professionalism will inspire greater confidence and help facilitate a free-flowing exchange between the panel and the claimant.

PART II - GUIDELINES FOR INTERPRETERS

As a freelance interpreter for the IRB, it is expected that you will strive to maintain a high level of professionalism. The importance of this cannot be understated. In the hearing room, the perception that people will have of your abilities is directly related to your general conduct and your respect for procedures. Your level of competence will be demonstrated partly by the skills and qualities you reveal and foremost by your adherence to the Code of Conduct, as well as by your appreciation of the interpretation process, and of your own role and responsibilities.

The following guidelines provide details about the attitude and behaviour that are required from you. They are intended to give you some direction on what you should be doing and what you should refrain from doing when called on to provide services at the IRB.

No appearance of bias, and no actual bias

• You must be neutral and impartial. You are not on the side of the IRB, CIC or the person who is the subject of the proceedings. You must never, by your demeanour, indicate that you agree or disagree with the person's case. In other words, do not display any body language that shows concurrence or disagreement with the person who is the subject of the proceedings.
• Be careful not to show any bias.
• Do not become too friendly with any of the participants at the proceedings. You must not create the perception of favouring anyone.
• Do not make comments about the person who is the subject of the proceedings or any other participant.
• Do not discuss the merits of the case with anyone or make comments about it. In particular, you must never discuss the facts of the case or whether you feel the person who is the subject of the proceedings or a witness is telling the truth, with the presiding decision-maker or anyone else inside or outside the IRB's premises. This is not compatible with your role as a neutral and impartial interpreter in the proceedings.
• If you know the person involved in the case (e.g. family relation, friend or acquaintance) or have had previous contact with that person, advise the IRB's refugee protection officer or case officer accordingly. You must also point out your membership in any association or organization that might have an impact on the welfare of the person who is the subject of the proceedings.
• When you are in any doubt as to whether a conflict of interest exists, you must immediately notify the case management officer, the clerk, the refugee protection officer, the interpreter coordinator or the presiding decision-maker, as the case may be.

Accurate interpretation

• You have a legal obligation to interpret exactly what has been said. The precise communication of the particular word or phrase used can be critical to a proper decision. Take the time you need. It is more important to be exact than to be quick.
• Interpret only the words you have been asked to interpret - no more, no less.
• If you do not know a specific word or if you cannot remember the meaning of the word used, tell the presiding decision-maker. Do not make up an alternative.
• Interpret in the same person as the speaker. If a speaker says "I will …", interpret it as "I will …" (NOT as "he/she will …").
• Do not summarize, paraphrase, condense or exaggerate. Do not distort any information. Interpret everything that is being said: it is not up to you to decide what is relevant and what is not. What is a seemingly insignificant statement may be crucial in determining the merits of the case.
• Use words equivalent to those used by the speaker (e.g., if the person says he was "struck" don't use the word "assaulted"; an appropriate equivalent term would be "hit"). You must be able to make the distinction between well-educated speakers and those less educated and use words consistent with each person's vocabulary.
• You must reflect exactly what is said and not give an approximation. If a word has no equivalent in the other language, use a definition or a paraphrase of the word to convey its meaning. If a word or concept does not exist in the other language for cultural reasons, you should explain this to the presiding decision-maker.
• When you realize that you have made a mistake or if a mistake is pointed out, correct yourself immediately.

Preparation and tools

• Be prepared to concentrate for long periods of time. As the interpreter of the proceedings, you will have to follow carefully the train of thought of the speakers and reproduce exactly what is said. You should be aware and prepared for the fact that during the proceedings, sensitive and emotional issues may arise.
• If you need a break, do not hesitate to ask the presiding decision-maker. If you are too tired to continue, the quality of your interpretation may be affected. It is vital that you provide good interpretation. You must therefore not try to hasten the course of the proceedings or jeopardize the quality of interpretation in any other way.
• Familiarize yourself with the terminology used during all proceedings. You are expected to take the time to look at the glossary (see attached annex) and translate the most commonly used words into the other language of interpretation. This will facilitate your work and will increase your efficiency, as you will be better prepared to come up rapidly with the precise word.
• You may find it useful to take notes to help you remember the message of the speaker, including key words. Get into the habit of noting names, dates and numbers because they can be easily forgotten or confused. Destroy your notes at the end of the hearing before leaving the room.

Appropriate communication

• Take a moment before the proceeding commences to ensure that you can communicate with the person and vice versa, so that both of you are satisfied that you understand each other. When the proceedings commence, the presiding decision-maker at the hearing will ask you if this has been done.
• Do not attempt to elaborate or explain the meaning of a question to the person who is the subject of the proceedings. If the person who is the subject of the proceedings does not understand a question asked during the hearing, advise the presiding decision-maker of the person's response, and the presiding decision-maker will provide instruction.
• You should try to use the same tone and level of language as the person speaking. Adjust yourself to that person's style. You will have to control the person's flow of speech, possibly by hand signs; otherwise, you may have difficulty recalling everything that the person says. You may have to interrupt when a person talks for too long and explain that you need time to interpret what has been said.
• Do not intercede or make suggestions on behalf of anyone. It is not for you to determine which question should be asked or how it should be asked.
• If a person addresses any questions to you personally at the hearing, interpret them directly to the presiding decision-maker. Explanations are given by the presiding decision-maker, not by the interpreter.

Professional conduct

• Each presiding decision-maker at a RPD, IAD or ID proceeding may have a slightly different style and may follow a different procedure. Always take instructions from the presiding decision-maker.
• If any problems arise during the proceedings, advise the presiding decision-maker. You should also inform the interpreter coordinator, immediately following the hearing, if any difficulties or problems have arisen during the hearing.
• The IRB views it as improper and unprofessional for an interpreter to seek to withdraw from a hearing, particularly in mid-hearing, for any supposed reason of conscience; the professional interpreter's role is to interpret, not to judge.
• It is, however, proper to draw it to the attention of the panel if you find you are unable to properly interpret because of the dialectic or related difficulties.
• If the proceedings are recessed, adjourned, postponed or concluded, you should go to the reception area or to the interpreters' lounge to wait for further instructions. You should always advise the case management officer or the interpreter coordinator before leaving the premises.
• If your interpretation is challenged by counsel or by the person who is the subject of the proceedings, you should be able to explain your choice of words if requested. In any event, abide by the decision of the presiding decision-maker. Always inform the interpreter coordinator if your interpretation has been challenged.

PART III - GENERAL INFORMATION

Accreditation

In order to provide services to the IRB, you must successfully pass an accreditation test. In very exceptional circumstances and only where it is necessary to safeguard the fundamental rights of the subject of the proceedings, non-accredited interpreters may be retained. This situation may arise in cases where the subject of the proceedings only speaks a very rare language or dialect.

Reliability check

Prior to being contracted by the IRB, you must consent to and pass an enhanced reliability screening.

Code of conduct

When signing a contract with the IRB, you are obligated to comply with the Code of Conduct for Interpreters which sets out the rules you are expected to follow.

Dress

Your clothing should be appropriate for a formal hearing and in keeping with the atmosphere of the hearing room.

Attendance

You must provide a minimum of 48 hours' notice if you are unable to attend a scheduled hearing.

Punctuality

If, for any reason, you are prevented from being on time, advise the registrar or the interpreter coordinator of the IRB. Otherwise, report for duty 15 minutes before the scheduled commencement of the proceeding.

Dictionary

You may use an ordinary dictionary, a legal dictionary, and this handbook during the proceedings. You may also want to have a pen and paper with you to make notes to help you during the proceedings. However, at the end of the hearing, all material related to the proceedings must be left in the room, and any notes you have made must be destroyed.

Calendar

You may require a calendar to convert dates from some countries.

Recording of Proceedings

Recording devices are used to make a verbatim record of all the dialogue in the proceedings. Consider the need for clarity for the tape recorder. When speaking in English or French, speak clearly and not too fast. If uncommon names or places are mentioned, spell them out or write them down for recording purposes.

Use of telecommunications

You may be asked to provide interpretation services for proceedings conducted by telephone or videoconference. While it is not usually the practice to have interpretation rendered by telephone, it is sometimes necessary due to geographic limitations and interpreter availability. Please remember and comply with the instructions below when providing telephone interpretation.

• IRB office: when and where possible, arrangements should be made for you to perform telephone interpretation from an IRB office. When this is not possible, you may provide the service from your home.
• Conference call participants: it is inappropriate and unlawful for anyone else to be a party to or observing at some of the Board's proceedings. If you must provide interpretation services from your home phone, please take the necessary steps to ensure that others who may reside with you do not interrupt on the telephone line. Furthermore, background voices are distracting for others participating on the call.
• Secure telephone: it is important for you to use a land-line telephone. Cellular phones will not be permitted.
• Call-waiting: this feature should be disabled in advance of the proceedings as the "beeping" of incoming calls can be very distracting to all participants.
• Pets: barking dogs, meowing cats, chirping birds and other pet noises will not be permitted during the conference call.
• Children: it is completely inappropriate for children to be heard in the background or listening on the telephone. If you are providing telephone interpretation services from home, you should arrange for offsite childcare or restrict the childcare arrangements to particular areas of the home where they will not be heard.
• Time-zone differences: it is possible that you may be interpreting in proceedings that are taking place in a different province and a different time-zone. You must take this into account when you accept to provide telephone interpretation services. Ex: you may be asked to work through what would normally be your lunch hour.
• Body language: because you will not be able to see body language, gestures and other visual aids (notes, documents, etc.) you should always ask for clarification when in doubt about what you hear on the telephone. While the interpretation provided need not be perfect, it must be continuous, precise, impartial, competent and contemporaneous.

Termination of Proceedings

Check with the officer responsible before leaving to ensure that your services are no longer required, and that the hours of work are properly recorded. Occasionally delays are encountered; therefore, you may wish to bring something to occupy your inactive time.

Swearing in

At the beginning of the proceedings, you will be sworn in by the presiding decision-maker, to translate and interpret accurately and to the best of your ability. You may also be reminded of the confidentiality of the proceedings and the fact that you cannot, within or outside the IRB, discuss any matter for which you provide services to the IRB. Should you, as an interpreter, become aware of a conflict of interest in relation to the case that has not been previously raised with a case management officer or a refugee protection officer or the interpreter coordinator, it should be raised with the presiding decision-maker at the time of the swearing in.

You will be asked to take an oath by swearing on the holy book of your choice or by making a solemn declaration. There are penalties provided by law for persons convicted of intentionally misleading justice.

Contact address

Make sure you provide the interpreter coordinator with a current address and telephone number where you can be reached if the IRB needs to retain your services. Always notify the interpreter coordinator of any change of address or telephone number.

PART IV - OTHER PARTICIPANTS AT THE PROCEEDINGS

The following paragraphs contain a brief description of the roles of the various participants in the proceedings.

PART V - REFUGEE PROTECTION DIVISION (RPD) HEARINGS

The principal purpose of an RPD hearing is to determine whether the person claiming refugee status meets the definition of Convention refugee as defined in the Immigration and Refugee Protection Actand the United Nations 1951 Convention and the 1967 Protocol Relating to the Status of Refugees. At a hearing, a claimant and his/her counsel (if the claimant is represented) will present information, evidence and arguments in support of the claim. Two members of the RPD usually conduct the hearings, although, where the claimant consents, one member may preside. The exchanges between the participants are non-adversarial. A senior immigration officer of CIC must first determine whether or not the claimant is eligible to have his or her refugee claim heard before the claim will be referred to the RPD for a hearing.

Participants

The participants at the hearing normally include the member(s) of the Refugee Protection Division, the claimant, a refugee protection officer (RPO), an interpreter if necessary, the claimant's counsel and any witnesses that may have been called. A Minister's representative may sometimes be present to address certain issues. A representative of the United Nations High Commissioner for Refugees may attend any hearing of the RPD. IRB representatives may also attend as non-public observers. The RPO may not be present at the hearing. Although RPD proceedings are confidential, a member of the public may also apply to have a hearing made public. If the application is granted, the RPD may allow members of the public to observe all or part of the hearing.

Procedure at RPD hearings

The following is a basic outline of the procedure that you may encounter at a "typical" hearing. Since members may develop an individual style, the order and content of the steps may vary. This procedural outline is therefore intended to serve as a guide only.

1. All participants are identified.
2. The interpreter is administered an oath (see Swearing Inin Part III).
3. The presiding member may deal with preliminary matters or ask the RPO or counsel whether there are any preliminary matters to be discussed.

   When claimants are unrepresented, the presiding member will inform them of their right to counsel as follows:

   "You have the right to obtain the services of a barrister, solicitor or other counsel and to be represented by any such counsel at the hearing, and you shall be given a reasonable opportunity, if you so desire, to obtain such counsel at your own expense." If that statement is not clearly understood, then the presiding member may state that "your counsel may be a lawyer or an immigration consultant. Your counsel may also be a friend or a relative, or anyone that you wish to assist you. If you require time in order to make arrangements to obtain the services of a lawyer or other counsel, I will grant you an adjournment for that purpose."

   The hearing may be adjourned to allow the claimant to obtain counsel. When the hearing is resumed, it will continue from the point reached before the adjournment.

4. Where the hearing involves more than one claimant and the circumstances of the cases are the same, the presiding member may explain the process for joining the cases (known as joinder of claims).
5. Counsel may raise certain procedural issues or the RPO may make observations on an issue.
6. The claimant will be asked to take an oath or make a solemn affirmation and will be examined by his/her counsel and questioned by the RPO and members, as will any other witnesses at the hearing.
7. Documents such as the claimant's Personal Information Form (PIF) will be tendered as evidence before the panel.
8. When all the evidence is put before the panel, counsel will usually make a submission of the facts and the RPO will make observations in his/her summation of the case.
9. When the hearing is concluded, the panel may either reserve its decision or give it orally.

PART VI - IMMIGRATION APPEAL DIVISION (IAD) HEARINGS

The primary function of the Immigration Appeal Division is to hear and decide:

1. whether in a section 63 (2),(3), a removal order made by a senior immigration officer of CIC or an Immigration Division member of the IRB should be executed, cancelled or stayed; almost all of these section 63 (2),(3) appeals involve permanent residents and the issues are whether the removal order is valid in law and whether, if it is valid, there are circumstances that justify the IAD's exercising its discretionary jurisdiction in favour of the appellant by cancelling the order or staying the order on terms and conditions; or
2. whether in a section 63 (1) appeal, the refusal of a sponsored application of a family member (member of the family class) is valid in law and, if valid, whether there are compassionate or humanitarian considerations that warrant the granting of special relief.

Almost all IAD hearings involve a one-member panel. If the panel is comprised of three members, one member is designated as the presiding member.

Participants

The participants at an Immigration Appeal Division hearing include the member(s), the appellant and counsel, a hearings officer representing the Minister of Citizenship and Immigration, an interpreter if necessary, witnesses, and may include a clerk or an officer of the IRB and observers (unless the hearing is being conducted in camera).

Procedure at Appeal Division hearings

1. As with the proceedings for other hearings, the participants are identified.
2. The interpreter is administered an oath (see Swearing Inin Part III).
3. The presiding member may deal with any preliminary matters, including informing the unrepresented appellant of his/her right to obtain counsel. If the appellant does not, but wishes to obtain, counsel, the hearing will be adjourned. When the hearing is resumed, it will continue from the point reached before the adjournment.
4. The appellant's counsel will proceed with the case, usually calling the appellant to the witness stand to testify. The witness will be sworn or affirmed.
5. Testimony will be given through examination-in-chief, and evidence may be tendered and accepted as exhibits. Cross-examination will follow by the hearings officer.
6. The appellant or the Minister's representative may call other witnesses.
7. The "record", consisting of numerous documents compiled by Citizenship and Immigration or the Immigration Division of the IRB, will already be before the panel and will be referred to.
8. Once all the evidence is in, the parties will make submissions on how they believe the panel should interpret the evidence and apply the law, and any discretionary relief.
9. The panel may reserve its decision or give it orally at the end of the hearing, or within five days of the conclusion of the hearing.

PART VII - IMMIGRATION APPEAL DIVISION (IAD) HEARINGS

ALTERNATIVE DISPUTE RESOLUTION (ADR)

What is an ADR Conference?

An ADR (Alternative Dispute Resolution) Conference is not a regular appeal hearing. It is an informal meeting between an Appellant and an official from Citizenship and Immigration Canada (CIC) who is referred to as Minister's counsel. A Dispute Resolution Officer (DRO) from the Immigration Appeal Division assists the parties in an effort to resolve the case simply, quickly, and fairly. If the case is resolved through the ADR Conference, a hearing will not be required.

Who will attend the ADR Conference?

Attending the ADR Conference will be:

• The Appellant (and anyone who is representing the Appellant);
• Minister's counsel who represents CIC; and
• The DRO who is a neutral.

Appellants are requested to advise the DRO immediately if an Interpreter is required.

Who will make decisions at the ADR Conference?

The DRO will guide the meeting and encourage the parties to share information but will not decide the result. After reviewing the Appellant's file and meeting with the Appellant at the ADR Conference, Minister's counsel may agree that the appeal should be settled in the Appellant's favour. If Minister's counsel does not agree to settle, the Appellant may decide to withdraw the appeal or proceed to a hearing.

How is an ADR Conference different from a hearing?

An ADR Conference is an informal meeting. At an ADR Conference, each party gives their view as to why the appeal should be allowed or not. The Appellant may be asked questions at the meeting. If the Appellant has counsel at the ADR Conference, the Appellant will tell his/her story and counsel will provide support and advice. The ADR Conference will take approximately one hour to complete. Hearings generally take three hours or more.

What will happen at the ADR Conference?

• The DRO will make an opening statement and give the parties further details about the process.
• The DRO and Minister's counsel will ask the Appellant some questions about his/her case and ask him/her to explain why he or she thinks that the appeal should be allowed.
• The DRO may meet separately with Minister's counsel and with the Appellant to specifically discuss whether the case can be resolved.
• The DRO may provide the Appellant and Minister's counsel with an opinion as to the strengths and weaknesses of the case.
• If Minister's counsel agrees that the appeal should be allowed, a Summary of Agreement will be prepared. A member of the Immigration Appeal Division must approve each settlement. Once approved, an order allowing the appeal will be issued. The sponsorship application will then continue to be processed.
• If Minister's counsel does not agree that the appeal should be allowed, the Appellant will be given the choice of withdrawing the appeal or proceeding to a hearing.
• If the Appellant chooses to proceed to a hearing, the DRO will arrange for a hearing date.

PART VIII - IMMIGRATION DIVISION, ADMISSIBILITY HEARING

An admissibility hearing is a formal hearing requested by a senior immigration officer of Citizenship and Immigration, and presided by a member of the Immigration Division of the IRB, to determine:

1. in the case of a person seeking to come into Canada, whether he/she is admissible,

   OR,

2. in the case of a person already in Canada and who is alleged to have violated the Immigration and Refugee Protection Act, whether he/she will be allowed to stay or be ordered to leave.

The member makes the decision as to whether the person may be allowed to stay or be ordered to leave Canada. This decision is based on the evidence the member hears or sees during the admissibility hearing.

Participants

The participants at an admissibility hearing include the member, the person concerned, a case presenting officer from Citizenship and Immigration, and may include an interpreter, counsel for the person concerned and witnesses.

Procedure at an Admissibility Hearing

The following is a basic outline of the procedure that you may encounter at a "typical" admissibility hearing.

1. Opening statement

   "This is an admissibility hearing under the Immigration and Refugee Protection Act held at (place), on (date and time). My name is ________________________. I am a member as defined in the Immigration and Refugee Protection Act."

   The interpreter is then identified and sworn in by the member (see Swearing In in Part III).

2. Notice to Appear (read by the member into the record)

   "I have received a Notice to Appear, causing an admissibility hearing to be held concerning (name of person concerned)."

3. Identification of person concerned

   "Is (person concerned) present?"

4. Right to counsel explained to the person concerned

   The member informs the person concerned of his/her right to obtain counsel. If the subject of the admissibility hearing does not have, but wishes to obtain, counsel, the admissibility hearing will be adjourned. When the admissibility hearing is resumed, it will continue from the point reached before the adjournment.

5. Counsel, case presenting officer and all other participants are identified for the record.
6. The member explains the purpose of the admissibility hearing, the allegation and the possible consequences.
7. The member outlines the procedure that he/she intends to follow with respect to the taking of evidence and the hearing of submissions.
8. Evidence is taken:
   
   • witnesses are sworn in or affirmed;
   • witnesses give evidence in response to questions;
   • documents are produced.
9. The case presenting officer and counsel each summarize the evidence and make final arguments in support of their position.
10. The member gives reasons for his/her decision and then renders a decision.
11. At the conclusion of the admissibility hearing, any of a number of documents relating to a person's release from custody or admission to or removal from Canada may have to be explained to the person concerned. You will be required to translate these documents.

PART IX - IMMIGRATION DIVISION, DETENTION REVIEWS

A person may be detained by a senior immigration officer of Citizenship and Immigration where there are reasonable grounds to believe that the person:

1. is likely to pose a danger to the public;
2. is unlikely to appear for an examination, for an admissibility hearing or its continuation or for removal from Canada; or
3. is unable to satisfy an immigration officer with respect to his/her identity.

Such persons are detained by Citizenship and Immigration in facilities designed for this purpose or in provincial institutions. In many instances, the detention review takes place at the same time as the admissibility hearing.

Persons detained under the Immigration and Refugee Protection Act must have their detention reviewed by a member as soon as possible after any detention. Subsequent reviews are conducted within 7 days following the initial review and henceforth every 30 days for as long as the person is detained.

Participants

The participants at a detention review are the member, a senior immigration officer (the Minister's representative, who is also the CPO at the admissibility hearing where they are both conducted at the same time), the person concerned, counsel for the person concerned (if any), other immigration officers (if necessary for security reasons), an interpreter (if required) and possibly observers (unless the review is being conducted in camera) and witnesses.

Procedures at detention reviews

1. As with the admissibility hearing proceedings, all participants are identified.
2. Detention reviews are less formal than admissibility hearings and an oath may or may not be administered by the member (see Swearing Inin Part III).
3. The member reviews the reasons for the detention or continued detention of the person concerned and accepts information from the senior immigration officer and the person concerned before making a decision.
4. The member may decide to:
   
   1. release the person unconditionally;
   2. release the person subject to certain terms and conditions; or
   3. order the continued detention of the person.

PART X - SELECTED SECTIONS OF THE IMMIGRATION AND REFUGEE PROTECTION ACT AND REGULATIONS

As mentioned previously, the activities of the IRB are governed by the Immigration and Refugee Protection Act. You are encouraged to familiarize yourself with the Act and Regulations, as well as the RPD, IAD and Immigration Division Rules.

If you do not possess a copy of the Act, Regulations or Rules, you can obtain one from Public Works and Government Services of Canada or you can consult a copy at the Documentation Centre of the IRB. You may also wish to reference the IRB's Web site, or the Public Works and Government Services Translation Bureau Web site (Immigration and Citizenship glossary).

Many sections of the Immigration and Refugee Protection Act, Regulations and Rules are often referred to during the proceedings. Being familiar with them will help you to interpret at them with greater ease.

PART XI - COMMONLY USED TERMS

Like any other specialized organization, the IRB has its own specific vocabulary. Some terms you will learn by studying the Immigration and Refugee Protection Act; others you will learn from experience. While you are getting accustomed to the new terminology, you may wish to take the time to look at the list of commonly used terms in the glossary and gradually work at finding the equivalent in your language of interpretation. You may even want to consult with other interpreters who speak your language of interpretation, as well as share your list with them.

Although some words and expressions are commonly used throughout the IRB, others will apply only in one Division. For instance, the person concerned at an RPD hearing is a "claimant", but at the Appeal Division hearing, the person concerned is called an "appellant". Some words may be used either in their ordinary meaning or in a more legal or technical meaning in the context of the process.

The terminology that you will hear mostly in RPD hearings relates to the circumstances a person will describe with respect to his/her refugee claim. The claimant's personal story will revolve around the definition of a "Convention Refugee", which reads as follows:

Any person who by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside the country of the person's nationality and is unable or, by reason of that fear, is unwilling to avail himself of the protection of that country, or not having a country of nationality, is outside the country of the person's former habitual residence and is unable or, by reason of that fear, is unwilling to return to that country.

You may want to keep note of the terms that come up most often and extend your list of commonly used terms for quick reference. Being well prepared by becoming familiar with the terminology will greatly enhance your effectiveness and assist you in maintaining your focus.

If you wish to apply for employment as an interpreter at the IRB, please fill out the Interpreter Information Sheet.

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