The IAD is one of four divisions of the Immigration and Refugee Board of Canada (IRB). The IAD hears appeals on immigration-related matters.
The new IAD Rules would help to ensure the efficient and fair administration of cases while contributing to the overall objectives of the Immigration and Refugee Protection Act (IRPA), such as family reunification, public safety, and program integrity.
Summary of key changes:
1. Time limit to provide an appeal record
For sponsorship and residency obligation appeals, the Minister has 60 days to provide the appeal record. It was 120 days in the old Rules.
For removal order appeals and Minister’s appeals, the Immigration Division or the Minister has 30 days to provide the appeal record. It was 45 days to the old Rules.
2. Time limit to disclose documents in support of an appeal
The time limit for a party to provide documents in support of their appeal is 60 days after receiving the appeal record (Rules 24(1) and 26). It was 20 days before a hearing in the old Rules.
If a party does not want to provide any documents to support their appeal, the party must notify the IAD within the same time limit of 60 days (Rules 24(2) and 26).
If a party does not provide any documents or notify the IAD that no documents are being provided, the Rules set out new consequences including declaring the appeal abandoned (Rule 30).
The time limit for a party to provide documents in response to evidence provided by the other party is now 30 days before a hearing (Rule 27). It was 10 days before a hearing in the old Rules.
Other key changes
The time limit for a party to provide witness information is changed to 30 days before the hearing rather than 20 days before the hearing.
The witness information must also now include a brief statement of the purpose and substance of the testimony (Rule 55).
Documents used in an informal resolution process are no longer confidential and can be used later in the appeal. However, any matter discussed in an informal resolution process remains confidential (Rules 66 and 67).
The factors considered when deciding an application for a change of date and time of a proceeding have been modified. An application to change the date and time must also be made at least three working days before a proceeding instead of two working days unless the application is made for medical reasons (Rules 90 and 91).
The conduct of a hearing is now set out in the IAD Rules (Rules 74 to 76).
The procedure for applications to reopen an appeal is now set out in the IAD Rules (Rules 98 to 100).โ
Law Office of David Ibeawuchi is a Toronto-based law firm with a trained immigration attorney, excited to take you through the immigration documentation process to ensure it is as seamless as possible. Get it right this time!
