Immigration Appeal Division Rules (SOR/2002-230)

Regulations are current to 2017-10-13

Appeal from a Decision Made Outside Canada on the Residency Obligation

Marginal note:Notice of appeal
  •  (1) If a permanent resident wants to appeal a decision made outside Canada on the residency obligation, the permanent resident must provide to the Division a notice of appeal and the officer’s written decision. The documents must be provided to the Division registry office for the region in Canada where the appellant last resided.

  • Marginal note:Return to Canada

    (2) If the appellant wants to return to Canada for the hearing of the appeal, the appellant must state this in the notice of appeal.

  • Marginal note:Time limit

    (3) The notice of appeal and the written decision must be received by the Division no later than 60 days after the appellant received the written decision.

  • Marginal note:Documents provided to the Minister

    (4) The Division must provide the notice of appeal and the written decision 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) any document that the Minister has that is relevant to the decision on the residency obligation or any issue in the appeal; and

    • (c) the officer’s written decision and written reasons.

  • 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 by the Minister from a Decision of the Immigration Division in an Admissibility Hearing

Marginal note:Notice of appeal
  •  (1) If the Minister wants to appeal a decision of the Immigration Division in an admissibility hearing, the Minister must provide a notice of appeal to the respondent, the Immigration Division and the Immigration Appeal Division.

  • Marginal note:Proof that document was provided

    (2) The Minister must provide to the Immigration Appeal Division, together with the notice of appeal, a written statement of how and when the notice of appeal was provided to the respondent and the Immigration Division.

  • Marginal note:Time limit

    (3) Documents provided under this rule must be received by their recipients no later than 30 days after the Immigration Division decision was made.

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

    • (a) a table of contents;

    • (b) the Immigration Division decision;

    • (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 decision.

  • Marginal note:Providing the appeal record

    (2) The Immigration Division must provide the appeal record to the respondent, 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.

Contact Information

Marginal note:Contact information for the subject of the appeal
  •  (1) A person who is the subject of an appeal must provide their contact information in writing to the Division and the Minister.

  • Marginal note:Time limit

    (2) The contact information must be received by the Division and the Minister

    • (a) with the notice of appeal, if the person is the appellant; and

    • (b) no later than 20 days after the person received a notice of appeal, if the Minister is the appellant.

  • Marginal note:Counsel’s contact information

    (3) A person who is represented by counsel must, on obtaining counsel, provide without delay the counsel’s contact information in writing to the Division and the Minister.

  • Marginal note:Change to contact information

    (4) If the contact information of the person or their counsel changes, the person must without delay provide the changes in writing to the Division and the Minister.

Counsel of Record

Marginal note:Becoming counsel of record

 As soon as counsel for a person who is the subject of an appeal agrees to a date for a proceeding, or becomes counsel after a date for a proceeding has been fixed, the counsel becomes counsel of record for the person.

Marginal note:Request to be removed as counsel of record
  •  (1) To be removed as counsel of record, counsel must make a request in writing to the Division and provide a copy of the request to the person represented and the Minister.

  • Marginal note:Request received two days or less before proceeding

    (2) If counsel’s request is received by the recipients two working days or less before the date of a proceeding, counsel must appear at the proceeding and make the request orally.

Marginal note:Removing counsel of record
  •  (1) To remove counsel as counsel of record, the person who is the subject of the appeal must provide written notice to the Division, to counsel and to the Minister that counsel is no longer the person’s counsel.

  • Marginal note:Ceasing to be counsel of record

    (2) Counsel is no longer counsel of record when the Division receives the notice.

Language of the Appeal

Marginal note:Choice of language
  •  (1) A person who is the subject of an appeal must choose English or French as the language of the appeal. If the person is appealing, the person must indicate their choice in the notice of appeal. If the Minister is appealing, the person must notify the Division and the Minister of their choice in writing. The notice must be received by the Division and by the Minister no later than 20 days after the person received the notice of appeal.

  • Marginal note:Changing the choice of language

    (2) A person who is the subject of an appeal may change the choice of language by notifying the Division and the Minister in writing. The notice must be received by the Division and the Minister no later than 20 days before the next proceeding.

Marginal note:Need for an interpreter
  •  (1) If a party or a party’s witness needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language or dialect of the interpreter. The notice must be received by the Division no later than 20 days before the proceeding.

  • Marginal note:Interpreter’s oath

    (2) The interpreter must take an oath or make a solemn affirmation to interpret accurately.

Designated Representative

Marginal note:Duty of counsel to notify
  •  (1) If counsel for either party believes that the Division should designate a representative for the person who is the subject of the appeal because they are under 18 years of age or unable to appreciate the nature of the proceedings, counsel must without delay notify the Division in writing. If counsel is aware of a person in Canada who meets the requirements to be designated as a representative, counsel must provide the person’s contact information in the notice.

  • Marginal note:Requirements for being designated

    (2) To be designated as a representative, a person must

    • (a) be 18 years of age or older;

    • (b) understand the nature of the proceedings;

    • (c) be willing and able to act in the best interests of the person to be represented; and

    • (d) not have interests that conflict with those of the person to be represented.

 
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