Regulations for Immigration Appeals Changed as of January 14, 2023
New rules will be put into force by the Immigration Appeal Division (IAD) on January 14, 2023.
To modernise the appeals process, new regulations are being introduced for immigration appeals.
Additionally, they will make sure that the IAD resolves appeals efficiently, fairly, and legally.
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.
PRIMARY CHANGES:
1- 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.
2- 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.
- From 20 to 30 days before to the hearing, a side now has more time to provide witness information.
- There is a new requirement that the witness information now provide a brief synopsis of the purpose and content of the testimony (Rule 55).
- Documents used in an informal settlement process are no longer secret and can be utilized in an appeal later on.
- The elements taken into account while determining an application for a modification in the date and time of a procedure have been altered.
- 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.
There will still be a 20-day window before the hearing for disclosure under the current IAD Rules. The 10-day response evidence deadline prior to the hearing will likewise apply in the same way.
The deadline of 45 or 120 days specified in the former IAD Rules to furnish an appeal record will still be in effect when a copy of the notice of appeal is delivered to the Immigration Division or the Minister before January 14, 2023.
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