5821-02667 — Immigration and Refugee Board of Canada
The complainant alleged that the Immigration and Refugee Board of Canada (IRB) took an unreasonable amount of time to respond to an access request for records related to its "Weighing Evidence" document. The IRB claimed a 1,295-day extension, which would have pushed the response deadline to March 31, 2025. The Information Commissioner found that the IRB did not provide sufficient justification for the length of the extension, particularly regarding the time allocated for record review and approval processes. Consequently, the extension was deemed invalid, and the IRB was ordered to process the records as soon as possible, no later than April 18, 2023.
- Reasonableness of time extension claimed under paragraph 9(1)(a) of the ATIA
- Justification for allocated timeframes for record review and approval
- Whether concurrent processing of review stages is possible
- Calculation of time extension for large volume requests
Complaint well founded — processing ordered
The Commissioner found that the IRB did not demonstrate that its 1,295-day extension was reasonable, as the calculations for review and approval timelines were not sufficiently logical or supported. The IRB also failed to adequately justify why processing steps could not occur concurrently. As a result, the extension was deemed invalid, and the IRB was deemed to have refused access.
AI-generated summary for reference only. Always verify against the official decision ↗
The Chairman of IRB was ordered to process all records within the scope of the request as soon as possible but no later than April 18, 2023.
- s.9(1)(a) ATIA
- s.10(3) ATIA
- s.30(1)(c) ATIA
- s.36.1(1) ATIA
This is an informational summary only and does not constitute legal advice.