The Immigration and Refugee Board's new practice notice bans AI-generated basis of claim narratives and affidavits, and requires disclosure whenever AI materially shapes a submission.
If you're preparing evidence for a refugee claim, immigration appeal, or detention review, a new rule took effect this week that changes what you can and can't use AI for. As of September 7, 2026, the Immigration and Refugee Board's new practice notice bans AI from generating or materially changing personal evidence — your own story, in your own words — and requires you to formally declare when AI shaped anything else you submit.
The IRB — the tribunal that decides refugee protection claims, refugee appeals, immigration appeals, and detention reviews — published a Practice Notice on the Use of Artificial Intelligence in IRB Proceedings, signed by Chairperson Manon Brassard on July 10, 2026 and effective September 7, 2026. It applies across all four IRB divisions: the Refugee Protection Division, Refugee Appeal Division, Immigration Division, and Immigration Appeal Division. The Board's stated concern is that AI tools "may create false, fabricated, or inaccurate information," and it wants a clear line between AI as a drafting aid and AI as a source of evidence.
No AI for personal evidence. Parties cannot use AI to generate or materially change a basis of claim narrative, an affidavit, a witness statement, or corroborative evidence like photos, videos, or screenshots. Your story has to come from your own knowledge and experience — not a chatbot's version of it. Spellcheck, grammar correction, and formatting tools are still fine, since they don't generate content or change its substance.
Mandatory disclosure everywhere else. If AI generated or materially changed content in any other document filed with the IRB — legal argument, country condition research, a written submission — the party must include a signed declaration naming who verified the AI-generated content and confirmed any cited case law is real. AI-assisted translation or transcription must always be disclosed, with a human translator still required to certify the final translation.
The Board pointed to a recent Federal Court case, Messa c. Canada, where padding a submission with AI-generated content unrelated to the specific facts of the case drew judicial criticism. More broadly, courts and tribunals across Canada have been dealing with a wave of filings containing AI-fabricated case citations — a problem serious enough that the practice notice singles it out: parties must verify any AI-cited case law against a reliable source like CanLII, not trust an AI tool's own summary of a case.
The IRB lists a range of consequences for non-compliance: refusing to accept a document, drawing negative credibility inferences against a claimant whose evidence turns out to be AI-generated, reporting counsel to their regulatory body, or restricting a lawyer or consultant from appearing before the Board. For a refugee claimant, a credibility finding tied to AI-generated evidence could affect the outcome of the claim itself — not just a procedural inconvenience.
If you're preparing a refugee claim: write your basis of claim narrative yourself, in your own words. Using AI to translate it or check your grammar is fine. Using AI to draft it, "improve" it, or reconstruct events is now explicitly prohibited, and doing so risks the IRB questioning your credibility.
If your lawyer or consultant uses AI for research or drafting legal argument: ask whether they're including the required declaration and independently verifying any case citations. This is now your representative's compliance obligation, but a flawed filing affects your case, not just theirs.
If you're self-represented: the same rules apply to you as to lawyers. If you use an AI tool to help write a submission (not your personal narrative), you need to include the disclosure declaration and confirm any legal citations are genuine before filing.
Tip
The declaration requirement isn't optional paperwork — it's the difference between the IRB treating your submission as compliant or refusing to accept it. If anyone helping with your case used AI for anything beyond spellcheck, get the declaration language into the document before you file, not after the Board flags it.
Immigration Consultants Regulation Update | PR Application Document Checklist
Disclaimer: This guide is for informational purposes only and does not constitute immigration advice. Always verify information with official IRCC sources and consult a Regulated Canadian Immigration Consultant (RCIC) or licensed immigration lawyer for advice specific to your situation.