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Immigration Appeal Division Rules (SOR/2002-230)

Regulations are current to 2022-11-16

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

Act means the Immigration and Refugee Protection Act. (Loi)

appellant

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

contact information

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

Division means the Immigration Appeal Division. (Section)

officer

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

party

party means the appellant or the respondent. (partie)

proceeding

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

registry office

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

respondent

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.

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.

 
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