Legal Procedures for Notice of Appeal

Immigration Appeal Division Rules, 2022

• Document current to November 26, 2024
• Last amended January 14, 2023
• Published by the Minister of Justice
• Available at: http://laws-lois.justice.gc.ca
• Codification of the Immigration Appeal Division Rules of 2022
• Consolidated and codified under SOR/2022-277
• Also codified with DORS/2022-277

Definitions

• Act: Immigration and Refugee Protection Act
• ADR: Alternative Dispute Resolution
• Appellant: A person making an appeal to the Division
• Contact information: Varies depending on whether it is the Minister's counsel or another party, specifics provided for each case.
• Division: The Immigration Appeal Division of the Board
• Minister's appeal: An appeal against an Immigration Division decision on admissibility
• Officer: A person appointed by the Minister
• Party: Appellant or respondent
• Proceeding: Includes hearings, conferences, ADR, and written applications
• Registry office: A business office designated as a registry office by the Division
• Removal order appeal: An appeal against a decision to make a removal order
• Sponsorship appeal: An appeal related to the denial of a permanent resident visa
• Residency obligation appeal: An appeal concerning a residency obligation, made outside Canada
• Respondent: The Minister or the person being appealed in the case of an appeal from an Immigration Division admissibility hearing

General Provisions

• Interpretation and Application: Rules should be interpreted and applied to resolve appeals fairly and quickly.
• No Applicable Rule: If these Rules do not have a provision to deal with a matter in an appeal, the Division can take necessary steps to fairly resolve it.
• Powers of Division: The Division can act on its own initiative (after notification), modify requirements of a rule, excuse people from rules, or extend/shorten time limits before or after they have expired.

Communicating with the Division

• All communication must be directed to the registry office.

Contact Information

• Parties (other than the Minister): Provide their counsel's and their own contact info to the Division and to the Minister.
• Minister: Provide their counsel's contact information to the Division and the other party.
• Time Limits for contacting information: varies based on whether the appellant or respondent. It needs to happen with the notice of appeal, or within 20 days after the day the party receives notification, respectively
• Counsel retained after the time limit: If any later retained counsel by a party other than the Minister, the contact must be communicated immediately.

Counsel of Record

• Counsel becomes counsel of record for a party once they give documents to the Division on behalf of that party.
• Request to be removed: Counsel for a party must provide the represented person and the Minister with a written request to be removed. The written request to the Division must be provided at least 3 days before the next proceeding date.
• Oral requests are allowed if a written request cannot be provided.
• Division's permission needed for removal: Counsel needs the Division's permission to be removed from being counsel of record

Removal Order Appeals; Giving Notice

• If a person wants to file an appeal of a decision, they need to provide the applicable notice alongside the necessary documents (officer's decision, written reasons, removal order, etc.)
• Info about a sponsorship appeal
• Info about a removal order appeal
• Info about a residency obligation appeal

Content of Notice of Appeal

• Time Limits (varies depending on appeal type)
• Documents to provide to the Minister
• The notice and documents must be provided to the Immigration Division within certain time frame
• Language of the appeal: must be English or French
• Grounds of the appeal: Must be indicated within the notice of appeal

Appeal Record

• Appeal Record: Specific information needed varies based on the type of appeal. Each appeal record must contain a table of contents
• Appeal Record - Sponsorship Appeal
• Appeal Record - Admissibility Hearing Appeal
• Appeal Record - Examination Appeal
• Appeal Record - Residency Obligation Appeal
• Specific Time Limits for submitting the Appeal document to the Division, based on the case circumstances

Failure to Follow Rules

• Failure to adhere to a requirement in these Rules does not automatically invalidate the proceedings unless declared as such by the Division.

Disclosure of Evidence

• If a party wants to use a document during a proceeding, they must provide it to the other party and the Division.
• If a party does not intend to use documents, they must submit a written statement.
• Time Limit for providing documents: 60 days

Time Limits for Documents

• Varies depending on the type of appeal and whether or not the evidence is being responded to or is new.

Time Limits for Hearing

• Varies depending on the document in question
• Witnesses' testimony is subject to certain time limits
• If documents are not provided within specific timeframes there can be consequences

Factors to Consider for Division if time limit not met

• Relevance and probative value of the document
• Party's effort in meeting time limits
• Prejudice to other parties (e.g., if it's not their fault)
• Timeliness of the request to use the document

Procedure for when party fails to provide document or statement by the time limit

Forming an Application; Form and Content

• The application is written and provided to the Division
• Include the decision the party seeks and the reasons to support the decision
• Party must state whether they are being represented by their counsel
• Contact information for the party (and their counsel if applicable)

Reconsidering an Appeal After Withdrawal

• An appellant is allowed to apply to the Division to reconsider a previously withdrawn appeal.
• Written application required
• Contact information of the requesting party (and counsel if applicable) is included in the application

Notice of Constitutional Question

• Any party who wishes to challenge the constitutionality of a law must file a notice of a constitutional question
• Form and Requirements (such as party name, file number, and so on)

Decisions

• Written Notice of Decisions, issued when rulings are made.
• Grounds and Reasons for Decisions, particularly for appeals related to sponsorship or removal order stays

Transitional Provisions

• Rules and procedures are applicable to specific cases (e.g., those prior to the Rule effective date) or for certain documents
• Appeal Records
• Confidential Info during Informal Resolution Process
• Documents Disclosures

Repeal

• All prior rules from the previous Immigration Appeal Division, are repealed.