Quiz - CICC Exam Prep - Immigration Appeal Division Rules

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Questions and Answers

What is the time limit for filing an appeal after receiving a decision under the Immigration Appeal Division (IAD) Rules?

60 days

45 days

30 days (correct)

15 days

What is required for an appeal to be considered abandoned under the IAD Rules?

Failure to appear for a hearing (correct)

Seeking legal representation

Submitting incomplete documents

Not paying the appeal fee

Under the IAD Rules, in what circumstances can an appeal be reopened?

The appellant has changed their legal representative

The appellant failed to submit their appeal within 30 days

The decision was communicated in a language the appellant did not understand

New evidence has become available (correct)

What is the maximum number of days within which the IAD must provide a written record of the decision?

90 days Signup and view all the answers

What happens if an appellant fails to appear for their scheduled IAD hearing?

The appeal may be considered abandoned Signup and view all the answers

Under what circumstances can an appeal be decided without a hearing?

If both parties consent or if it's based on humanitarian and compassionate grounds, or if it's straightforward and uncontested Signup and view all the answers

What is the primary responsibility of a registered immigration consultant?

To represent their client effectively and ethically Signup and view all the answers

When must an appeal be filed after receiving an IAD decision?

Within 30 days Signup and view all the answers

Under what conditions can an appeal be dismissed without a hearing?

If the appellant requests dismissal Signup and view all the answers

What is the consequence of failing to comply with IAD directions?

The appeal being dismissed Signup and view all the answers

Who can represent an appellant at the IAD?

A lawyer or a registered immigration consultant Signup and view all the answers

What could lead to an appeal being reopened?

New evidence discovered after an IAD decision Signup and view all the answers

What is the requirement for initiating an appeal?

Submitting a written notice of appeal Signup and view all the answers

Can an appellant be represented by a friend at the IAD?

No, it is not allowed under IAD Rules Signup and view all the answers

Under what circumstances can an appeal be decided based on written submissions alone?

If both parties agree or if it's based on humanitarian and compassionate grounds, or if it's straightforward and uncontested. Signup and view all the answers

What is the appropriate action if an appellant's legal representative becomes unavailable?

The appellant should inform the IAD and arrange for a new representative Signup and view all the answers

In what scenario can an appeal be made to the IAD?

Removal order issued against a permanent resident Signup and view all the answers

How are decisions communicated by the IAD?

In writing within 30 days of the hearing Signup and view all the answers

What should an appellant do if they fail to submit their notice of appeal within the 30-day deadline?

The appellant may request an extension of the deadline, providing valid reasons for the delay Signup and view all the answers

What is the standard format for hearings at the Immigration Appeal Division (IAD)?

Either in-person or virtual, as determined by the IAD Signup and view all the answers

Can the IAD grant an extension of time to file an appeal?

Yes, but only in exceptional circumstances Signup and view all the answers

What is the role of the Minister's counsel in IAD proceedings?

To present the Minister's position on the appeal Signup and view all the answers

Study Notes

If an appellant fails to appear for their scheduled IAD hearing, the appeal may be considered abandoned.
An appellant's counsel can request to reopen an appeal based on new evidence discovered after an IAD decision.
The IAD is required to provide a written record of their decision to the appellant within 90 days.
An appellant wishing to be represented by a friend is not allowed under IAD Rules.
To initiate an appeal, an appellant must submit a written notice of appeal.
A member of the IAD has the authority to dismiss an appeal without a hearing.
An appeal can be decided without a hearing if both parties consent or if it's based on humanitarian and compassionate grounds, or if it's straightforward and uncontested.
Failure to comply with IAD directions can result in the appeal being dismissed.
The IAD can make a decision based on written submissions alone if both parties agree.
An appeal may be dismissed if the appellant does not provide supporting documents.
If both parties agree, an appeal can be decided based on written submissions alone.
An appellant should promptly inform the IAD and request a rescheduling if they cannot attend the scheduled hearing.
An IAD member can reopen an appeal to correct a legal error.
An appellant can submit a request to withdraw their appeal.
The IAD Rules are designed to set procedures for immigration appeals.
An appeal must be filed within 30 days of receiving an IAD decision.
A lawyer or a registered immigration consultant can represent an appellant at the IAD.
An appeal can be dismissed without a hearing in certain circumstances.
An individual should file a written notice of appeal within 30 days of receiving a removal order.
A registered immigration consultant's primary responsibility is to represent their client effectively and ethically.
New evidence should be submitted as soon as possible along with a request to consider it in the appeal.
A flawed decision due to a legal error can be challenged through judicial review in Federal Court.
Failure to attend a hearing without a valid reason can result in the appeal being dismissed.
To submit new evidence in an ongoing appeal, it should be submitted as soon as possible along with a request to consider it in the appeal.

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Test your knowledge of the Immigration Appeal Division (IAD) Rules with these study questions. Prepare for the CICC exam and familiarize yourself with the time limits and procedures for filing an appeal after receiving a decision.