Legal Procedures for Notice of Appeal

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Questions and Answers

What must a party do if they retain counsel after providing the notice of appeal?

Notify the Minister verbally

Notify only the Division about the counsel

Provide the counsel’s contact information in writing to the Division and the Minister (correct)

Send a fax to the Division with the details

What is required when there is a change in contact information for a party other than the Minister?

Update the information on a public register

Notify the Division and the Minister verbally

Provide the updated information to local authorities only

Notify the Division and the other party in writing without delay (correct)

Who must provide notification of changes to the Minister's counsel's contact information?

All parties involved in the appeal

The Division on behalf of the Minister

The party that retained the Minister's counsel

The Minister themselves (correct)

What is the time frame within which counsel’s contact information must be provided after retention?

Without delay Signup and view all the answers

What happens if a party fails to provide counsel’s contact information after the time limit has expired?

They may face penalties or delays in the proceedings Signup and view all the answers

What type of document must changes to contact information be communicated through?

A written notification Signup and view all the answers

Who is responsible for notifying the Division of any changes to contact information?

Both parties involved in the appeal Signup and view all the answers

What is a consequence of not notifying the Division about a change in contact information?

Delays in communication that may affect the appeal process Signup and view all the answers

What happens when the Division receives the notice regarding counsel?

Counsel ceases to be counsel of record. Signup and view all the answers

Which document is required to file an appeal for a sponsorship decision?

A notice of appeal and the officer’s decision. Signup and view all the answers

In the case of a removal order appeal, what document must be provided?

A notice of appeal and the removal order. Signup and view all the answers

What must be included to appeal a decision regarding residency obligations?

The officer’s decision and written reasons for that decision. Signup and view all the answers

Under what circumstance does a counsel cease to be recorded as the counsel of record?

When the notice is provided to the Division. Signup and view all the answers

Which of the following is NOT a requirement when filing an appeal for a residency obligation?

Including a statement of previous sponsorship applications. Signup and view all the answers

What documents accompany a notice of appeal in all cases?

The relevant decision and any written reasons. Signup and view all the answers

Which of the following statements regarding the filing an appeal is accurate?

Different documents are needed for different types of appeals. Signup and view all the answers

What must accompany the documents provided to the Division?

A written statement on how and when they were provided Signup and view all the answers

What is the time limit for providing documents before the hearing date?

30 days Signup and view all the answers

What must be true about the pages of documents submitted by a party in a proceeding?

They must be consecutively numbered as if they were a single document. Signup and view all the answers

What may the Division consider if witness information is not provided?

The relevance and probative value of the proposed testimony Signup and view all the answers

In what languages must documents be provided if submitted by a party other than the Minister?

In English or French, or with a translation if in another language. Signup and view all the answers

What is required to accompany documents written in a language other than English or French?

An English or French translation and a signed statement by the translator. Signup and view all the answers

What must be included in the written statement accompanying the documents?

How and when the documents were provided Signup and view all the answers

Which font styles are acceptable for the documents according to the rules?

Times New Roman, Arial, Tahoma. Signup and view all the answers

What can the Division decide regarding a witness who has not provided information as required?

The witness may testify after considering relevant factors Signup and view all the answers

What is one of the considerations for allowing testimony if witness information is not provided?

Whether the party has legal representation Signup and view all the answers

What must be done if a notice of appeal regarding a removal order is received under paragraph (1)(b)?

Forward the notice to the Immigration Division without delay. Signup and view all the answers

What must be included if a party submits multiple documents?

A list identifying each document submitted. Signup and view all the answers

When can a person file an appeal against a removal order made at an admissibility hearing?

At the end of the admissibility hearing. Signup and view all the answers

Which of the following statements about document submissions is incorrect?

Documents can be written in any language without requirements. Signup and view all the answers

When was the last amendment made to the rules mentioned?

January 14, 2023 Signup and view all the answers

What can happen if a party fails to provide witness information?

The Division may still permit the witness to testify Signup and view all the answers

What is the maximum acceptable size of documents according to this rule?

21.5 cm by 28 cm. Signup and view all the answers

What information may a person provide to assist in resolving the appeal quickly?

Supporting evidence relevant to the appeal. Signup and view all the answers

When was the latest amendment to the Immigration Appeal Division Rules made?

January 14, 2023. Signup and view all the answers

Who must the Immigration Division forward the notice of appeal and removal order to?

The Division that issued the removal order. Signup and view all the answers

What may the Division require if the appeal record is not received in time?

To justify the delay for acceptance of the late record. Signup and view all the answers

What can the Division do if the appeal record is not provided?

Proceed with the hearing without the appeal record. Signup and view all the answers

What is required for a Minister to file an appeal?

Provide a notice of appeal to the respondent and relevant parties. Signup and view all the answers

What must a party do if they intend to use a document in a proceeding?

Provide the document to the other party and the Division. Signup and view all the answers

Which of the following is NOT a requirement when filing an appeal against a removal order?

Submitting personal identification. Signup and view all the answers

What happens if the Immigration Division receives a notice of appeal from the person?

It must be processed in accordance with established procedures. Signup and view all the answers

If a party does not plan to use any documents in a proceeding, what must they provide?

A written statement to the Division indicating this. Signup and view all the answers

What is required when documents are transmitted to the Division for a proceeding?

A written statement indicating how and when they were provided. Signup and view all the answers

What happens to the notice of appeal once it is filed with the Immigration Division?

The Immigration Division must forward it without delay. Signup and view all the answers

What action does the Division take if it receives a late appeal record?

It can schedule a hearing regardless of the appeal record's status. Signup and view all the answers

Which of the following is NOT required when a party provides documents?

A justification for the contents of the documents. Signup and view all the answers

What happens if only part of the appeal record is received?

The Division can proceed with the hearing using available documents. Signup and view all the answers

Study Notes

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.

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Description

This quiz covers essential legal procedures related to providing notice of appeal and changes in contact information for counsel in legal matters. It includes questions about responsibilities, deadlines, and required documentation for parties involved in appeals. Test your knowledge on what actions must be taken after retaining counsel and the implications of failing to notify the Division.