Immigration Appeal Division Rules (SOR/2002-230)

Regulations are current to 2016-08-15

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. (Loi)

appellant

appelant

appellant means the person who makes an appeal to the Division. (appelant)

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. (coordonnées)

Division

Section

Division means the Immigration Appeal Division. (Section)

officer

agent

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

party

partie

party means the appellant or the respondent. (partie)

proceeding

procédure

proceeding includes a hearing, a conference, an application or an alternative dispute resolution process. (procédure)

registry office

greffe

registry office means a business office of the Division. (greffe)

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. (intimé)

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.

Marginal note:Appeal record
  •  (1) The Minister must prepare an appeal record that contains

    • (a) a table of contents;

    • (b) the application for a permanent resident visa that was refused;

    • (c) the application for sponsorship and the sponsor’s undertaking;

    • (d) any document that the Minister has that is relevant to the applications, to the reasons for the refusal or to any issue in the appeal; and

    • (e) the written reasons for the refusal.

  • Marginal note:Providing the appeal record

    (2) The Minister must provide the appeal record to the appellant and the Division.

  • Marginal note:Proof that record was provided

    (3) The Minister must provide to the Division, together with the appeal record, a written statement of how and when the appeal record was provided to the appellant.

  • Marginal note:Time limit

    (4) Documents provided under this rule must be received by their recipients no later than 120 days after the Minister received the notice of appeal.

  • Marginal note:Late appeal record

    (5) If the Division does not receive the appeal record within the time limit set out in subrule (4), the Division may

    • (a) ask the Minister to explain, orally or in writing, why the appeal record was not provided on time and to give reasons why the appeal record should be accepted late; or

    • (b) schedule and start the hearing without the appeal record or with only part of the appeal record.

Appeal from a Removal Order Made at an Admissibility Hearing

Marginal note:Notice of appeal
  •  (1) If a foreign national who holds a permanent resident visa, a permanent resident, or a protected person wants to appeal a removal order made at an admissibility hearing, they must provide a notice of appeal

    • (a) by hand to the Immigration Division member who made the removal order; or

    • (b) to the Immigration Appeal Division, together with the removal order.

  • Marginal note:Time limit — Immigration Division member

    (2) An appellant who provides a notice of appeal to an Immigration Division member must provide the notice at the end of the admissibility hearing. The Immigration Division must provide the notice to the Immigration Appeal Division without delay.

  • Marginal note:Time limit — Immigration Appeal Division

    (3) If an appellant provides a notice of appeal to the Immigration Appeal Division, the notice of appeal and the removal order must be received by the Division no later than 30 days after the appellant received the removal order. The Immigration Appeal Division must provide the notice to the Immigration Division without delay.

  • Marginal note:Documents provided to the Minister

    (4) The Immigration Appeal Division must provide the notice of appeal and the removal order to the Minister without delay.

Marginal note:Appeal record
  •  (1) The Immigration Division must prepare an appeal record that contains

    • (a) a table of contents;

    • (b) the removal order;

    • (c) a transcript of the admissibility hearing;

    • (d) any document accepted as evidence at the admissibility hearing; and

    • (e) any written reasons for the Immigration Division’s decision to make the removal order.

  • Marginal note:Providing the appeal record

    (2) The Immigration Division must provide the appeal record to the appellant, the Minister and the Immigration Appeal Division.

  • Marginal note:Time limit

    (3) The appeal record must be received by its recipients no later than 45 days after the Immigration Division received the notice of appeal.

Appeal from a Removal Order Made at an Examination

Marginal note:Notice of appeal
  •  (1) If a foreign national who holds a permanent resident visa, a permanent resident, or a protected person wants to appeal a removal order made at an examination, they must provide a notice of appeal to the Division together with the removal order.

  • Marginal note:Time limit

    (2) The notice of appeal and the removal order must be received by the Division no later than 30 days after the appellant received the removal order.

  • Marginal note:Documents provided to Minister

    (3) The Division must provide the notice of appeal and the removal order to the Minister without delay.

Marginal note:Appeal record
  •  (1) The Minister must prepare an appeal record that contains

    • (a) a table of contents;

    • (b) the removal order;

    • (c) any document that the Minister has that is relevant to the removal order or to any issue in the appeal; and

    • (e) any written reasons for the Minister’s decision to make the removal order.

  • Marginal note:Providing the appeal record

    (2) The Minister must provide the appeal record to the appellant and the Division.

  • Marginal note:Proof that record was provided

    (3) The Minister must provide to the Division, together with the appeal record, a written statement of how and when the appeal record was provided to the appellant.

  • Marginal note:Time limit

    (4) Documents provided under this rule must be received by their recipients no later than 45 days after the Minister received the notice of appeal.

  • Marginal note:Late appeal record

    (5) If the Division does not receive the appeal record within the time limit set out in subrule (4), the Division may

    • (a) ask the Minister to explain, orally or in writing, why the appeal record was not provided on time and to give reasons why the appeal record should be accepted late; or

    • (b) schedule and start the hearing without the appeal record or with only part of the appeal record.

 
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