Immigration Appeal Division Rules, 2022 (SOR/2022-277)

Language of the Appeal

Marginal note:Choice of language

• 18 (1) A party other than the Minister must indicate in their notice of appeal their choice of either English or French as the language of the appeal.

• Marginal note:Language — Minister’s appeal

  (2) In the case of a Minister’s appeal, the language of the appeal is the language chosen by the party other than the Minister in the proceedings relating to the decision being appealed.

Marginal note:Changing language

19 A party other than the Minister may change the language of the appeal by notifying the Division and the Minister in writing no later than 45 days before the date fixed for the next proceeding.

Appeal Record

Marginal note:Appeal record — sponsorship

• 20 (1) In the case of a sponsorship appeal, the Minister must prepare an appeal record that contains

  • (a) a table of contents;

  • (b) the application for a permanent resident visa that was refused;

  • (c) the sponsorship application and the sponsor’s undertaking;

  • (d) any document that the Minister has that is relevant to the applications, the reasons for the refusal or any issue in the appeal; and

  • (e) the written reasons for the refusal, if any.

• Marginal note:Appeal record — admissibility hearing

  (2) In the case of an appeal of a removal order made at an admissibility hearing or a Minister’s appeal, the Immigration Division must prepare an appeal record that contains

  • (a) a table of contents;

  • (b) the removal order, if any;

  • (c) a transcript of the admissibility hearing;

  • (d) any document accepted as evidence at the admissibility hearing; and

  • (e) the written reasons, if any, for its decision.

• Marginal note:Appeal record — examination

  (3) In the case of an appeal of a removal order made at an examination, the Minister must prepare an appeal record that contains

  • (a) a table of contents;

  • (b) the removal order;

  • (c) any document that the Minister has that is relevant to the removal order or to any issue in the appeal; and

  • (d) any written reasons for the Minister’s decision to make the removal order.

• Marginal note:Appeal record — residency obligation

  (4) In the case of a residency obligation appeal, the Minister must prepare an appeal record that contains

  • (a) a table of contents;

  • (b) any document that the Minister has that is relevant to the decision on the residency obligation or any issue in the appeal; and

  • (c) the officer’s decision and written reasons, if any, for the decision.

Marginal note:Minister provides appeal record

• 21 (1) On receipt of a written request from the Division, the Minister must provide the appeal record referred to in subrule 20(1), (3) or (4) to the appellant and the Division.

• Marginal note:Proof record provided to appellant

  (2) The appeal record provided to the Division under subrule (1) must be accompanied by a written statement indicating how and when the Minister provided the appeal record to the appellant.

• Marginal note:Immigration Division provides appeal record

  (3) The Immigration Division must provide the appeal record referred to in subrule 20(2) to the parties and the Division.

Marginal note:Time limit

22 An appeal record provided under rule 21 must be received no later than

• (a) 60 days after the day on which the Minister receives a request referred to in subrule 21(1), in the case of a sponsorship appeal or a residency obligation appeal;

• (b) 30 days after the day on which the Immigration Division receives the notice of appeal, in the case of an appeal of a removal order made at an admissibility hearing or a Minister’s appeal; or

• (c) 30 days after the day on which the Minister receives a request referred to in subrule 21(1), in the case of an appeal of a removal order made at an examination.

Marginal note:Late appeal record

23 If the Division does not receive the appeal record within the time limit set out in rule 22, the Division may

• (a) require the Minister or the Immigration Division, as the case may be, to explain why the appeal record is late and give reasons why the appeal record should be accepted late; or

• (b) schedule and start the hearing and decide the appeal without the appeal record or with only part of the appeal record.

Disclosure of Evidence

Marginal note:Disclosure of evidence

• 24 (1) If a party wants to use a document in a proceeding, the party must provide the document to the other party and the Division.

• Marginal note:Statement — no documents

  (2) If a party does not intend to use any documents in a proceeding, the party must provide a written statement to the Division indicating that intention.

Marginal note:Proof document was provided

25 Documents provided to the Division for use in a proceeding must be accompanied by a written statement indicating how and when they were provided to the other party.

Marginal note:Time limit — 60 days

26 Documents provided under subrule 24(1) and the statement provided under subrule 24(2) must be received no later than 60 days after the day on which the party receives the appeal record.

Marginal note:Time limit — response to evidence

27 A document that is provided in response to evidence presented by the other party must be received no later than 30 days before the date fixed for the proceeding.

Marginal note:Time limit for reconsideration – stay

28 In the case of a hearing that is held for the reconsideration of the appeal of a removal order that has been stayed, documents provided under subrule 24(1) for use in the hearing must be received no later than 30 days before the date fixed for the hearing.

Marginal note:Time limit not met

• 29 (1) A party who does not meet the time limits set out in rules 26 to 28 in respect of a document may not use the document at the hearing unless the Division allows them to do so.

• Marginal note:Factors

  (2) In deciding whether to allow the party to use the document, the Division must consider any relevant factors, including

  • (a) the relevance and probative value of the document;

  • (b) whether the party, with reasonable effort, could have met the time limits set out in rules 26 to 28 in respect of the document;

  • (c) any prejudice to the other party; and

  • (d) whether the request to be allowed to use the document was made in a timely manner and the justification for any delay.

Marginal note:Consequence — failure to disclose

30 If a party does not provide either a document or a written statement within the time limit set out in rule 26, the Division may

• (a) if that party is the appellant, determine that the appeal has been abandoned in accordance with subsection 168(1) of the Act;

• (b) fix a date and time for the proceeding and start the proceeding on the basis of the materials provided;

• (c) suspend the fixing of a date and time for the proceeding until it determines that the appeal is ready to proceed; or

• (d) take any other action that it deems appropriate.

Documents

Form and Language of Documents

Marginal note:Documents prepared by party

31 A document prepared by a party for use in a proceeding must be legible, in 12-point Times New Roman, Arial or Tahoma font and on one or both sides of consecutively numbered 21.5 cm by 28 cm (8½ in. by 11 in.) pages.

Marginal note:More than one document

32 If a party provides more than one document for use in a proceeding, the documents must

• (a) have consecutively numbered pages as if they were one document; and

• (b) be accompanied by a list identifying each of the documents.

Marginal note:Language of documents

• 33 (1) All documents used by a party other than the Minister in a proceeding must be in English or French or, if in another language, be provided together with an English or French translation and a written statement signed by the translator.

• Marginal note:Language of Minister’s documents

  (2) All documents used by the Minister in a proceeding must be in the language of the appeal or be provided together with a translation in the language of the appeal and a written statement signed by the translator.

Marginal note:Translator’s statement

34 In a written statement referred to in rule 33, the translator must include their name, the language and, if any, dialect translated and a statement that the translation is accurate.

Providing a Document

Marginal note:General provision

35 Rules 36 to 41 apply to any document, including a notice, request, application or statement in writing.

Marginal note:Providing documents to Division

• 36 (1) A document that is to be provided to the Division must be provided to the registry office that the Division specifies.

• Marginal note:Documents in public proceedings

  (2) All documents provided to the Division in a proceeding conducted in public are placed on the Division’s public record unless the person providing a document makes an application under subrule 93(1).

• Marginal note:Providing documents to Minister

  (3) A document that is to be provided to the Minister must be provided to the Minister’s counsel.

• Marginal note:Providing documents to person other than Minister

  (4) A document that is to be provided to a person other than the Minister must be provided

  • (a) to the person’s counsel or, if they do not have counsel, to the person; and

  • (b) to the person’s designated representative, if any.

• Marginal note:Means of providing documents

  (5) A document may be provided

  • (a) by email or other electronic means, if the Division allows;

  • (b) by regular or registered mail;

  • (c) by courier or priority post;

  • (d) by fax, if the document is no more than 20 pages long or the recipient consents to receiving more than 20 pages; or

  • (e) by hand.

Marginal note:Providing electronic document

• 37 (1) Any electronic document, including an affidavit or statutory declaration, that meets the requirements specified by the Division is deemed to have been provided in accordance with subrules 36(1), (3) and (4).

• Marginal note:Notice of requirements

  (2) The Division must publish or post notice of the requirements referred to in subrule (1) in a manner that will allow public access to them.

• Marginal note:Original document

  (3) An electronic document provided by the Division is considered to be the original version of the document.

• Marginal note:Retention of paper document

  (4) A person who provides to the Division an electronic document whose original version is a paper document must retain that original version for the duration of the appeal and must, on request, provide it to the Division.