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Is the IRB independent?

By immlawyer

Is the IRB independent?

Recent comments and actions by the immigration minister raises the spectre of executive interference in the operations of the IRB.

Kenney commented on the merits of claims from the Czech Republic and Mexico. This despite the high success rate of claims by Roma and evidence of societal discrimination and racism against the Roma minority.

His department has now sought judicial review of a IRB decision granting protection to a white South African, Brandon Huntley. Huntley's lawyers argue that this was done because of political pressure from the South African government.

Kenney has power to both appoint and reappoint Board members. Is it a great leap to presume Board members may face either an overt or implicit pressure to toe the line?

The independence of the courts has been recognized for centuries. There is no essential difference between a court and a tribunal like the IRB. There must be freedom for a decision maker to hear and decide the cases that come before them from any interference.

Full post as published by Canadian Immigration Blawg on December 01, 2009 (boomark / email).