Starting on January 14, 2023, the Immigration Appeal Division (IAD) will launch new regulations to replace the old rules established in 2002. The new regulations reflect key changes to immigration appeals, including the time limit for submitting an appeal record and disclosing papers supporting an immigration appeal.
Introducing these new immigration appeals regulations is intended to modernize the appeal process and guarantee that the IAD handles all matters fairly, justly, and in compliance with existing legislation.
Changes to be come in the immigration appeal division
Some of the most significant changes the new Rules make to the appeals process are described here. Once the updated IAD Rules are announced in the upcoming weeks' Canada Gazette.
Time limits for submitting an appeal record
The Minister has now 60 days to deliver the appeal record in cases involving sponsorship and residency requirements. In the previous Rules, it was 120 days.
The Immigration Division or the Minister now has 30 days to provide the appeal record for the Minister's appeals and appeals of removal orders. In the previous Rules, it was 45 days.
The time limit for disclosing papers in support of an Immigration appeal
There is a deadline for releasing documents in support of an immigration appeal.
After getting the appeal record, a party has 60 days to provide any supporting documents (Rules 24(1) and 26). In the previous Rules, a hearing wasn't until 20 days later.
In accordance with Rules 24(2) and 26, a party must inform the IAD within the same 60-day period if they do not intend to submit any documents to support their appeal.
The Rules specify new consequences, such as declaring the appeal abandoned, if a party fails to provide any documents or informs the IAD that no documents are being provided (Rule 30).
A party now has 30 days before a hearing to submit documents in response to evidence provided by the other side (Rule 27). In the previous Rules, there were ten days before a hearing.
If a party submits a document after the deadline has passed, the Division must take new factors into consideration before deciding whether to allow the party authorized to use the document (Rule 29).
Other Important Changes to Immigration Appeals
From 20 to 30 days before the hearing, a party now has more time to provide witness information.
There is a new requirement that the witness information now provide a brief summary of the purpose and content of the testimony (Rule 55).
The documents used in an informal settlement process are no longer private and may be used in a future appeal. However, all information handled during an informal settlement process is kept private (Rules 66 and 67).
The criteria used to decide whether to grant an application for a change in a procedure's date or time have changed. An application to adjust the date and time must be submitted at least three working days before the proceeding, as opposed to two working days, unless it is for medical reasons (Rules 90 and 91).
The procedures for conducting a hearing are now defined in the new Rules 74 to 76.
The process for reconsidering an appeal will be detailed in New Rules 98 to 100.
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