Immigration Appeal Division Rules (SOR/2002-230)

Regulations are current to 2017-11-20

Reinstating an Appeal After Withdrawal

Marginal note:Application to reinstate a withdrawn appeal
  •  (1) A person may apply to the Division to reinstate an appeal that was made by that person and withdrawn.

  • Marginal note:Form and content of application

    (2) The person must follow rule 43 and include their contact information in the application.

  • Marginal note:Factors

    (3) The Division must allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.

Notice of Constitutional Question

Marginal note:Notice of constitutional question
  •  (1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question.

  • Marginal note:Form and content of notice

    (2) The party must provide notice using either Form 69, “Notice of Constitutional Question”, set out in the Federal Court Rules, 1998, or any other form that includes

    • (a) the name of the party;

    • (b) the Division file number;

    • (c) the date, time and place of the hearing;

    • (d) the specific legislative provision that is being challenged;

    • (e) the relevant facts relied on to support the constitutional challenge; and

    • (f) a summary of the legal argument to be made in support of the constitutional challenge.

  • Marginal note:Providing the notice

    (3) The party must provide

    • (a) a copy of the notice of constitutional question to the Attorney General of Canada and to the attorney general of every province and territory of Canada, according to section 57 of the Federal Courts Act;

    • (b) a copy of the notice to the other party; and

    • (c) the original notice to the Division, together with a written statement of how and when a copy of the notice was provided under paragraphs (a) and (b).

  • Marginal note:Time limit

    (4) Documents provided under this rule must be received by their recipients no later than 10 days before the day the constitutional argument will be made.

  • 2002, c. 8, s. 182.

Decisions

Marginal note:Notice of decision

 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
  •  (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

 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

 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

 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

 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

 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

 These Rules come into force on the day on which section 161 of the Act comes into force.

 
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