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

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, under subsection 161(1)Footnote ^a of the Immigration and Refugee Protection ActFootnote ^b, approves the annexed Immigration Appeal Division Rules, 2022, made on October 21, 2022 by the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairpersons.

• Return to footnote ^aS.C. 2010, c. 8, s. 20

• Return to footnote ^bS.C. 2001, c. 27

The Chairperson of the Immigration and Refugee Board, subject to the approval of the Governor in Council, in consultation with the Deputy Chairpersons, makes the annexed Immigration Appeal Division Rules, 2022 under subsection 161(1)Footnote ^a of the Immigration and Refugee Protection ActFootnote ^b.

Ottawa, October 21, 2022

Le président de la Commission de l’immigration et du statut de réfugié, Richard Wex Chairperson of the Immigration and Refugee Board

Definitions

Marginal note:Definitions

1 The following definitions apply in these Rules.

Act

Act means the Immigration and Refugee Protection Act. (Loi)

ADR

ADR means alternative dispute resolution. (MARL)

appellant

appellant means a person who makes an appeal to the Division. (appelant)

contact information

contact information means

• (a) with respect to a person other than a Minister’s counsel, the person’s name, postal address and telephone number and, if any, their fax number and email address;

• (b) with respect to the Minister’s counsel, their postal address, telephone number and email address and, if any, their fax number; and

• (c) with respect to a person referred to in any of paragraphs 91(2)(a) to (c) of the Act who is representing or advising a party in an appeal, in addition to the information referred to in paragraph (a), the name of the body of which the person is a member and the membership identification number issued to them. (coordonnées)

Division

Division means the Immigration Appeal Division of the Board. (Section)

Minister’s appeal

Minister’s appeal means an appeal made under subsection 63(5) of the Act against a decision of the Immigration Division in an admissibility hearing. (appel du ministre)

officer

officer means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)

party

party means the appellant or the respondent. (partie)

proceeding

proceeding includes a hearing, conference, ADR conference, application or proceeding in writing. (procédure)

registry office

registry office means a business office designated as a registry office by the Division. (greffe)

removal order appeal

removal order appeal means an appeal made under subsection 63(2) or (3) of the Act against a decision to make a removal order. (appel d’une mesure de renvoi)

residency obligation appeal

residency obligation appeal means an appeal made under subsection 63(4) of the Act against a decision made outside Canada on the residency obligation under section 28 of the Act. (appel sur l’obligation de résidence)

respondent

respondent means the Minister or, if the Minister is appealing a decision of the Immigration Division, the person who was the subject of the Immigration Division admissibility hearing. (intimé)

sponsorship appeal

sponsorship appeal means an appeal made under subsection 63(1) of the Act against a decision not to issue a permanent resident visa to a foreign national. (appel en matière de parrainage)

working day

working day means a day other than a Saturday, Sunday or other day on which the Board offices are closed. (jour ouvrable)

General Provisions

Marginal note:General principle

2 These Rules are to be interpreted and applied so as to permit the resolution of every appeal as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.

Marginal note:No applicable rule

3 In the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter in order to resolve the appeal effectively, completely and fairly.

Marginal note:Powers of Division

4 The Division may

• (a) after giving the parties notice and an opportunity to object, act on its own initiative, without a party having to make an application or request to the Division;

• (b) change a requirement of a rule;

• (c) excuse a person from a requirement of a rule;

• (d) extend or shorten a time limit before it has passed; and

• (e) extend any time limit after it has passed.

Marginal note:Failure to follow Rules

5 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.

Communicating with the Division

Marginal note:Communicating with Division

6 All communication with the Division must be directed to the registry office.

Contact Information

Marginal note:Contact information — party other than Minister

• 7 (1) A party other than the Minister must provide their contact information and that of their counsel, if any, in writing to the Division and the Minister.

• Marginal note:Contact information — Minister

  (2) The Minister must provide the contact information of their counsel in writing to the Division and the other party.

• Marginal note:Time limit

  (3) The contact information must be received by the Division and the other party

  • (a) with the notice of appeal, if the party is the appellant; or

  • (b) no later than 20 days after the day on which the party receives the notice of appeal, if the party is the respondent.

• Marginal note:Contact information — counsel retained after time limit

  (4) If a party other than the Minister retains counsel after providing the notice of appeal or after the time limit set out in paragraph (3)(b), as the case may be, they must provide the counsel’s contact information to the Division and the Minister in writing without delay.

Marginal note:Change to contact information

• 8 (1) A party other than the Minister must notify the Division and the other party in writing without delay of any changes to the party’s contact information or their counsel’s contact information.

• Marginal note:Minister’s counsel

  (2) The Minister must notify the Division and the other party in writing without delay of any changes to the contact information of the Minister’s counsel.

Marginal note:Written statement — unpaid counsel

9 If a party other than the Minister retains counsel who is not a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, both the party and their counsel must provide to the Division in writing without delay the information and written statements referred to in the schedule to these Rules.

Counsel of Record

Marginal note:Becoming counsel of record

10 As soon as counsel, other than counsel for the Minister, provides a document to the Division on behalf of a party, the counsel becomes counsel of record for the party.

Marginal note:Request to be removed

• 11 (1) To be removed as counsel of record, counsel for a party other than the Minister must first provide to the person represented and the Minister a written request to be removed. The counsel must then provide the written request to the Division no later than three working days before the date fixed for the next proceeding.

• Marginal note:Oral request

  (2) If it is not possible for counsel to make the request in accordance with subrule (1), they must appear on the date and at the time fixed for the proceeding and make the request orally at the proceeding.

• Marginal note:Division’s permission required

  (3) Counsel remains counsel of record unless the Division grants the request to be removed.

• Marginal note:Counsel of record — stay of removal

  (4) If the Division stays a removal order in accordance with section 68 of the Act, counsel remains counsel of record for the party unless the counsel notifies the Division in writing that they have ceased to be counsel of record for the party.

Marginal note:Removing counsel of record

• 12 (1) If a party other than the Minister wants to remove their counsel of record, they must provide the Division, their counsel of record and the Minister with written notice removing the counsel as counsel of record.

• Marginal note:Removal takes effect

  (2) Counsel ceases to be counsel of record when the Division receives the notice.

Filing an Appeal

Marginal note:Notice of appeal — person

• 13 (1) To file an appeal of a decision, a person must provide to the Division a notice of appeal together with

  • (a) in the case of a sponsorship appeal, the officer’s decision and the written reasons, if any, for the refusal;

  • (b) in the case of a removal order appeal, the removal order; or

  • (c) in the case of a residency obligation appeal, the officer’s decision and the written reasons, if any, for the decision.

• Marginal note:Other information

  (2) The person may also provide any other information that may assist the Division in resolving the appeal as quickly as possible.

• Marginal note:Notice provided to Immigration Division

  (3) If the Division is provided under paragraph (1)(b) with a notice of appeal of a removal order made at an admissibility hearing, the Division must provide the notice of appeal to the Immigration Division without delay.

Marginal note:Notice of appeal — admissibility hearing

• 14 (1) Despite subrule 13(1), a person may file an appeal against a removal order made at an admissibility hearing by providing a notice of appeal at the end of the admissibility hearing to the Immigration Division member who made the removal order.

• Marginal note:Notice of appeal provided to Division

  (2) The Immigration Division must provide the notice of appeal and the removal order to the Division without delay.

Marginal note:Notice of appeal — Minister

• 15 (1) To file a Minister’s appeal, the Minister must provide a notice of appeal to the respondent, the Immigration Division and the Division.

• Marginal note:Written statement

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

• Marginal note:Content of notice of appeal — grounds

  (3) In the notice of appeal, the Minister must indicate the grounds of the appeal.

Marginal note:Time limit

16 Unless a notice of appeal is provided to the Immigration Division member under subrule 14(1), the notice of appeal and accompanying documents must be received by the Division no later than

• (a) in the case of a sponsorship appeal, 30 days after the day on which the appellant receives the officer’s decision and the written reasons, if any, for the refusal;

• (b) in the case of a removal order appeal, 30 days after the day on which the appellant receives the removal order;

• (c) in the case of a residency obligation appeal, 60 days after the day on which the appellant receives the officer’s decision and the written reasons, if any, for the decision; or

• (d) in the case of a Minister’s appeal, 30 days after the day on which the Minister receives the Immigration Division’s decision.

Marginal note:Documents provided to Minister

17 The Division must provide the following documents to the Minister without delay:

• (a) if the notice of appeal is provided to the Division under rule 13, the notice of appeal and the documents referred to in paragraph 13(1)(a), (b) or (c), as the case may be; or

• (b) if the notice of appeal is provided to the Immigration Division member under subrule 14(1), the notice of appeal and the removal order.

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.