AI-generated illustration; not a photograph of the reported event.
- calendar_today October 10, 2026
New AI Immigration Rules for Canada's Refugee Hearings
The Immigration and Refugee Board of Canada (IRB) has announced new rules that prohibit the use of artificial intelligence (AI) in creating or materially rewriting personal evidence submitted during immigration and refugee hearings. These ai immigration rules affect how personal stories, affidavits, and testimony-related materials must be prepared for tribunal proceedings.
Scope of the Evidence Prohibition
Under the new IRB restrictions, parties are banned from using AI to draft or substantially alter evidence that is meant to reflect an individual’s personal experience or testimony. This evidence prohibition covers documents such as Basis of Claim narratives, affidavits, witness statements, and various forms of supporting evidence, including photographs, videos, and screenshots intended to support a claimant’s story.
Immigration Board Rules Apply Across All Tribunal Divisions
The rules took effect on September 7, 2026, and apply to all four divisions of the IRB. They affect applicants and appellants, their legal representation, and those acting as their own counsel. This ensures that testimonial evidence submitted to the immigration board is genuinely reflective of the individual’s own account, and not generated or significantly influenced by artificial intelligence tools.
Where AI Use in Immigration Applications Remains Permissible
While these ai immigration rules prohibit AI-generated personal evidence in hearings before the immigration board, they do not constitute a general ban on AI within Canada’s wider immigration system. The new restrictions are specific to IRB proceedings and do not apply to routine ircc applications, such as Express Entry, study permits, work permits, visitor visas, citizenship applications, or most permanent residence applications. AI use in these contexts remains outside the scope of the IRB’s current guidance.
Disclosure Requirements and Legal Representation
The IRB notice outlines that, aside from this specific evidence prohibition, AI usage in other support aspects must be disclosed if it could impact the proceeding. Legal representation for applicants and appellants must ensure all testimonial evidence is personally drafted and not substantially created or modified by artificial intelligence. Failure to comply with these irb restrictions may lead to consequences for both representatives and claimants, though the specific penalties or enforcement mechanisms were not detailed in the announcement.
Distinction from a General AI Ban
Importantly, these rules do not signal a full prohibition of AI in the Canadian immigration system. The restrictions are limited to preventing artificial intelligence from generating or revising personal evidence presented during refugee hearings or other IRB tribunal matters. The routine use of technology in preparing ircc applications falls outside the current regulations.
Source: immigration.ca.
