Immigration Appeal Division Rules (SOR/2002-230)

Regulations are current to 2014-09-01

Immigration Appeal Division Rules

SOR/2002-230

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 2002-06-11

Immigration Appeal Division Rules

P.C. 2002-1000  2002-06-11

The Chairperson of the Immigration and Refugee Board, pursuant to subsection 161(1) of the Immigration and Refugee Protection ActFootnote a and subject to the approval of the Governor in Council, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division, hereby makes the annexed Immigration Appeal Division Rules.

Ottawa, May 7, 2002

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 161(1) of the Immigration and Refugee Protection ActFootnote a, hereby approves the annexed Immigration Appeal Division Rules, made on May 7, 2002 by the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division.

DEFINITIONS

Marginal note:Definitions

 The following definitions apply in these Rules.

“Act”

« Loi »

“Act” means the Immigration and Refugee Protection Act.

“appellant”

« appelant »

“appellant” means the person who makes an appeal to the Division.

“contact information”

« coordonnées »

“contact information” means a person’s name, postal address and telephone number, and the person’s fax number and electronic mail address, if any.

“Division”

« Section »

“Division” means the Immigration Appeal Division.

“officer”

« agent »

“officer” means a person designated as an officer by the Minister under subsection 6(1) of the Act.

“party”

« partie »

“party” means the appellant or the respondent.

“proceeding”

« procédure »

“proceeding” includes a hearing, a conference, an application or an alternative dispute resolution process.

“registry office”

« greffe »

“registry office” means a business office of the Division.

“respondent”

« intimé »

“respondent” means the Minister or, if the Minister is appealing a decision of the Immigration Division, the person who was the subject of the Immigration Division proceeding.

COMMUNICATING WITH THE DIVISION

Marginal note:Communicating with the Division

 All communication with the Division must be directed to the registry office specified by the Division.

APPEAL BY A SPONSOR

Marginal note:Notice of appeal
  •  (1) A person who has filed an application to sponsor a foreign national as a member of the family class and who wants to appeal a decision not to issue a permanent resident visa to the foreign national must provide to the Division a notice of appeal and the officer’s written reasons for the refusal.

  • Marginal note:Time limit

    (2) The notice of appeal and the written reasons for refusal must be received by the Division no later than 30 days after the appellant received the written reasons for the refusal.

  • Marginal note:Documents provided to the Minister

    (3) The Division must provide the notice of appeal and the written reasons for the refusal to the Minister without delay.