Immigration Appeal Division Rules (SOR/2002-230)

Decisions

Marginal note:Notice of decision

53 When the Division makes a decision, other than an interlocutory decision, it must provide a notice of decision to the parties.

Marginal note:Written reasons for decision on appeal by a sponsor or that stays a removal order

• 54 (1) The Division must provide to the parties, together with the notice of decision, written reasons for a decision on an appeal by a sponsor or for a decision that stays a removal order.

• Marginal note:Written reasons provided on request

  (2) A request made by a party for written reasons for a decision, other than a decision referred to in subrule (1) or an interlocutory decision, must be in writing. The request must be received by the Division no later than 10 days after the party received the notice of decision.

Marginal note:When decision of single member takes effect

55 A decision of the Division made orally by one Division member at a proceeding takes effect when the member states the decision. A decision made in writing takes effect when the member signs and dates the decision.

Marginal note:When decision of three-member panel takes effect

56 A decision of the Division made orally by a panel of three members takes effect when all the members state their decision. A decision made in writing takes effect when all members of the panel sign and date the decision.

General Provisions

Marginal note:No applicable rule

57 In the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter.

Marginal note:Powers of the Division

58 The Division may

• (a) act on its own initiative, without a party having to make an application or request to the Division;

• (b) change a requirement of a rule;

• (c) excuse a person from a requirement of a rule; and

• (d) extend or shorten a time limit, before or after the time limit has passed.

Marginal note:Failing to follow a rule

59 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.

Coming into Force

Marginal note:Coming into force

Footnote ^*60 These Rules come into force on the day on which section 161 of the Act comes into force.

• Return to footnote ^*[Note: Rules in force June 28, 2002, see SI/2002-97.]