The Immigration Appeal Division (IAD) will be introducing changes to their division rules that come into effect January 14, 2023. The IAD is the division of the Immigration and Refugee Board of Canada (IRB) that is tasked with hearing appeals on immigration matters involving Canadian citizens or permanent residents. This includes sponsorship appeals, removal order appeals and residency obligation appeals. The Government can also appeal select decisions to the IAD relating to inadmissibility.
What are the immigration appeal changes coming into effect?
The new rules being introduced to the IAD will change the time limits for various components in the appeal process. Below are a list of some of the important changes being introduced in 2023:
Appeal Record:
For both sponsorship and residency appeals, the Minister will now have 60 days to submit the appeal record to the appellant compared to the previous 120 days. For removal order appeals and appeals by the Government, the Minister or Immigration Division will now have 30 days to submit the appeal record compared to the previous 45 days.
Disclosure:
A party now has 60 days from receiving the appeal record to submit their documentary disclosure package. If a party is not submitting documents then they have to inform the IAD within the same 60 day period. Previously, parties could submit their supporting documents 20 days before the hearing. If a party fails to produce any documents or fails to inform the IAD that they are not submitting documentation then the IAD can impose penalties, this includes dismissing the appeal. The deadline for a party to submit a response to the disclosed documents is now 30 days before the hearing. Previously, parties had until 10 days before the hearing. If a party fails to submit documents within the prescribed time limits, the IAD may not allow the document.
Witnesses:
Parties now have to provide witness information 30 days before the hearing. They will also have to submit a summary of the purpose and content of the testimony with the witness information.
The revised IAD Rules will apply to all appeals submitted before January 14, 2023. However, the existing IAD disclosure rule will continue to apply (i.e. a party must disclose their supporting documents 20 days before hearing and the response must be submitted 10 days before the hearing). Furthermore, for notices of appeal filed before January 14, 2023, the previous time restriction for appeal records applies.
Learn more about the immigration appeal process and how we can help.
