Appeals are heard by a section of the Immigration and Refugee Board – an independent tribunal. It is called the Immigration Appeal Division – also known as the IAD
Published by Hillfield Immigration 17th June, 2021
A member of the Immigration Appeal Division hears and makes independent decisions on appeals from appellants (the person making the appeal), based on law and evidence; and is not part of Canada’s Immigration, Refugees and Citizenship Canada.
The person opposing your appeal is known as the respondent. Based on your appeal, the challenger could be the either Minister of IRCC or the Minister of Public Safety, who would be represented by someone called the Minister’s Counsel.
You will receive a Notice to Appear when the Immigration Appeal Division is ready to hear your appeal. This Notice to Appear gives the date, time and location of your hearing. This types of legal matters can be complex. Therefore it is advisable you consult a qualified legal professional. This hearing must be attend by both you and your legal representative.
Respond to all forms of correspondence from the IAD, be it letters, emails, phone calls or other communication. Have your certified legal expert reply on your behalf. If you do not concur with the appointment as advised your appeal could be dismissed or declared ‘abandoned’, in which case the original decision will be upheld and your appeal would be quashed. Contact a certified legal expert at Hillfield Immigration for advice on your appeal.
When the hearing date is agreed to by you and your counsel, organize your case and prepare yourself mentally and physically for your hearing. It is of utmost importance to keep all the facts relating to your case efficiently organized. Ensure both your counsel and the IAD have your current up-to-date contact information at all times. Your counsel or the IAD must be able to get in touch with you at a moment’s notice should the need arise.
Your qualified legal representative, referred to as your counsel must inform the IAD of his membership identification number and is required to be a member in good standing of one of the Canadian organizations such as a provincial law society, the Chambre des notaires du Quebec or the Immigration Consultants of Canada Regulatory Council (ICCRC).
The appellant has to prove to the Board why the decision against them was wrong. Any evidence you provide must come from you, your authorized representative, submitted documents, and any witnesses you may have. The Minister’s Counsel can also do the same to make arguments against your appeal.
Your appeal process is open to members of the public unless a confidentiality order if applied for and obtained. Other persons at the hearing will be the Member who will make the decision of your appeal. The Minister’s counsel and his witnesses, you, your confidential legal professional, and your witnesses. The IAD will provide an interpreter for you or your witness should one be requested.