New Immigration Appeal Rules Effective January 14, 2023

Last Updated On 16 January 2023, 6:22 PM EST (Toronto Time)

Immigration Appeal Division (IAD) will be implementing new changes to rules effective January 14, 2023.

The new rules will be replacing old Rules introduced in 2002.

These new rules for immigration appeals are being introduced to modernize the appeals process.

Furthermore, they will ensure that the IAD handles appeals effectively, equitably, and in compliance with the law.

IAD handles immigration appeals for family sponsorship refusals, permanent residency (PR) obligation appeal, removal orders (departure, exclusion, and deportation) from Canada, and minister’s appeal.

This article enlists key changes that will come in effect for immigration appeals on January 14, 2023.

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Time limit for submitting an appeal record

Sponsorship and Residency Obligation Appeals: Now the Minister will have 60 days to deliver the appeal record.

In the previous Rules, it was 120 days. Appeal record is the full information in a refused application for which appellant appeals at IAD.

Removal order appeals and Minister’s appeals: The Minister or the Immigration Division will now have 30 days to deliver the appeal record. In the previous Rules, it was 45 days.

Time limit for disclosing papers in support of an Immigration appeal

A party has 60 days after obtaining the appeal record to present documents in support of their appeal (Rules 24(1) and 26). In the previous Rules, a hearing was scheduled 20 days in advance.

If a party does not choose to submit any papers in support of their appeal, they must tell the IAD within the same 60-day time period (Rules 24(2) and 26).

If a party fails to produce any papers or fails to tell the IAD that no documents are being submitted, the Rules impose further penalties, including dismissing the appeal (Rule 30).

The deadline for a party to present papers in response to evidence provided by the opposing party has been extended to 30 days before a hearing (Rule 27). It was 10 days until a hearing under the previous Rules.

If a party fails to deliver a document within the time limit, the Division must examine new criteria before deciding whether to allow the party to utilize the document (Rule 29).

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Other Key Changes To Immigration Appeals

The time limit for a party to give witness information has been increased from 20 to 30 days before the hearing.

A concise summary of the purpose and content of the testimony must now be included in the witness information, which is a new requirement (Rule 55).

Documents used in an informal settlement process are no longer secret and can be utilized in an appeal later on.

Any topic handled in an informal settlement procedure, however, remains secret (Rules 66 and 67).

The elements taken into account while determining an application for a modification in the date and time of a procedure have been altered.

Unless the application is for medical reasons, an application to amend the date and time must be made at least 3 working days before the proceeding, rather than 2 working days (Rules 90 and 91).

New Rules 74 to 76 will now specify how a hearing should be conducted.

New Rules 98 to 100 will be outlining the procedure for reopening an appeal.

Full details of the new and changed rules will be published in Canada Gazette in upcoming weeks.

The revised IAD Rules will apply to all outstanding appeals submitted before January 14, 2023. However, below are some exceptions:

The existing IAD Rules’ disclosure time limit of 20 days before the hearing will continue to apply. The same will also apply for the 10-day response evidence deadline before the hearing.

When a copy of the notice of appeal is delivered to the Immigration Division or the Minister before January 14, 2023, the time restriction of 45 or 120 days set out in the former IAD Rules to provide an appeal record will continue to apply.

If the notice to appear for the ADR conference is dated before January 14, 2023, documents given for the purpose of the ADR meeting will remain secret in accordance with the previous Rules.

Source: IAD

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