Immigration Appeal Division Rules, 2022 (SOR/2022-277)

Marginal note:Form of application and time limit

• 85 (1) Unless these Rules provide otherwise, an application must be made in writing without delay.

• Marginal note:Content of application

  (2) In the application, the party must

  • (a) state what decision the party wants the Division to make;

  • (b) give reasons why the Division should make that decision; and

  • (c) if the views of the other party are known, state whether the other party agrees to the application.

• Marginal note:Affidavit or statutory declaration

  (3) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application.

• Marginal note:Providing application

  (4) A party who makes a written application must provide

  • (a) to the other party, the application and any accompanying affidavit or statutory declaration; and

  • (b) to the Division, the application and any accompanying affidavit or statutory declaration, together with a written statement indicating how and when the party provided the documents to the other party.

• Marginal note:Oral application

  (5) The Division may allow a party to make an application orally at a proceeding if the party demonstrates that, with reasonable effort, they could not have made a written application before the beginning of the proceeding.