GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
Division means the Immigration Appeal Division of the Board. ( Section )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
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 )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
officer means a person designated as an officer by the Minister under subsection 6(1) of the Act. ( agent )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
party means the appellant or the respondent. ( partie )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
proceeding includes a hearing, conference, ADR conference, application or proceeding in writing. ( procédure )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
registry office means a business office designated as a registry office by the Division. ( greffe )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
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 )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
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 )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
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 )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
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 )
Immigration Appeal Division Rules, 2022 — Immigration Appeal Division Rules, 2022
working day means a day other than a Saturday, Sunday or other day on which the Board offices are closed. ( jour ouvrable )
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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.
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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.
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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.
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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.
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Communicating with Division 6 All communication with the Division must be directed to the registry office.
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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. Contact information — Minister (2) The Minister must provide the contact information of their counsel in writing to the Division and the other party. 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. 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.
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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. 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.
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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.
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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.
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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. 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. Division’s permission required (3) Counsel remains counsel of record unless the Division grants the request to be removed. 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.
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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. Removal takes effect (2) Counsel ceases to be counsel of record when the Division receives the notice.
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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. Other information (2) The person may also provide any other information that may assist the Division in resolving the appeal as quickly as possible. 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.
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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. 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.
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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. 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. Content of notice of appeal — grounds (3) In the notice of appeal, the Minister must indicate the grounds of the appeal.
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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.
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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.
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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. 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.
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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.
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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. 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. 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. 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.
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Minister provides appeal record 21 (1) On receipt of a written request from the Division, the Minister must provide the appeal record referred to in subrule 20 (1), (3) or (4) to the appellant and the Division. Proof record provided to appellant (2) The appeal record provided to the Division under subrule (1) must be accompanied by a written statement indicating how and when the Minister provided the appeal record to the appellant. Immigration Division provides appeal record (3) The Immigration Division must provide the appeal record referred to in subrule 20 (2) to the parties and the Division.
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Time limit 22 An appeal record provided under rule 21 must be received no later than (a) 60 days after the day on which the Minister receives a request referred to in subrule 21 (1), in the case of a sponsorship appeal or a residency obligation appeal; (b) 30 days after the day on which the Immigration Division receives the notice of appeal, in the case of an appeal of a removal order made at an admissibility hearing or a Minister’s appeal; or (c) 30 days after the day on which the Minister receives a request referred to in subrule 21 (1), in the case of an appeal of a removal order made at an examination.
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Late appeal record 23 If the Division does not receive the appeal record within the time limit set out in rule 22 , the Division may (a) require the Minister or the Immigration Division, as the case may be, to explain why the appeal record is late and give reasons why the appeal record should be accepted late; or (b) schedule and start the hearing and decide the appeal without the appeal record or with only part of the appeal record.
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Disclosure of evidence 24 (1) If a party wants to use a document in a proceeding, the party must provide the document to the other party and the Division. Statement — no documents (2) If a party does not intend to use any documents in a proceeding, the party must provide a written statement to the Division indicating that intention.
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Proof document was provided 25 Documents provided to the Division for use in a proceeding must be accompanied by a written statement indicating how and when they were provided to the other party.
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Time limit — 60 days 26 Documents provided under subrule 24 (1) and the statement provided under subrule 24 (2) must be received no later than 60 days after the day on which the party receives the appeal record.
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Time limit — response to evidence 27 A document that is provided in response to evidence presented by the other party must be received no later than 30 days before the date fixed for the proceeding.
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Time limit for reconsideration – stay 28 In the case of a hearing that is held for the reconsideration of the appeal of a removal order that has been stayed, documents provided under subrule 24 (1) for use in the hearing must be received no later than 30 days before the date fixed for the hearing.
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Time limit not met 29 (1) A party who does not meet the time limits set out in rules 26 to 28 in respect of a document may not use the document at the hearing unless the Division allows them to do so. Factors (2) In deciding whether to allow the party to use the document, the Division must consider any relevant factors, including (a) the relevance and probative value of the document; (b) whether the party, with reasonable effort, could have met the time limits set out in rules 26 to 28 in respect of the document; (c) any prejudice to the other party; and (d) whether the request to be allowed to use the document was made in a timely manner and the justification for any delay.
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Consequence — failure to disclose 30 If a party does not provide either a document or a written statement within the time limit set out in rule 26 , the Division may (a) if that party is the appellant, determine that the appeal has been abandoned in accordance with subsection 168(1) of the Act; (b) fix a date and time for the proceeding and start the proceeding on the basis of the materials provided; (c) suspend the fixing of a date and time for the proceeding until it determines that the appeal is ready to proceed; or (d) take any other action that it deems appropriate.
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Documents prepared by party 31 A document prepared by a party for use in a proceeding must be legible, in 12-point Times New Roman, Arial or Tahoma font and on one or both sides of consecutively numbered 21.5 cm by 28 cm (8½ in. by 11 in.) pages.
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More than one document 32 If a party provides more than one document for use in a proceeding, the documents must (a) have consecutively numbered pages as if they were one document; and (b) be accompanied by a list identifying each of the documents.
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Language of documents 33 (1) All documents used by a party other than the Minister in a proceeding must be in English or French or, if in another language, be provided together with an English or French translation and a written statement signed by the translator. Language of Minister’s documents (2) All documents used by the Minister in a proceeding must be in the language of the appeal or be provided together with a translation in the language of the appeal and a written statement signed by the translator.
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Translator’s statement 34 In a written statement referred to in rule 33 , the translator must include their name, the language and, if any, dialect translated and a statement that the translation is accurate.
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General provision 35 Rules 36 to 41 apply to any document, including a notice, request, application or statement in writing.
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Providing documents to Division 36 (1) A document that is to be provided to the Division must be provided to the registry office that the Division specifies. Documents in public proceedings (2) All documents provided to the Division in a proceeding conducted in public are placed on the Division’s public record unless the person providing a document makes an application under subrule 93 (1). Providing documents to Minister (3) A document that is to be provided to the Minister must be provided to the Minister’s counsel. Providing documents to person other than Minister (4) A document that is to be provided to a person other than the Minister must be provided (a) to the person’s counsel or, if they do not have counsel, to the person; and (b) to the person’s designated representative, if any. Means of providing documents (5) A document may be provided (a) by email or other electronic means, if the Division allows; (b) by regular or registered mail; (c) by courier or priority post; (d) by fax, if the document is no more than 20 pages long or the recipient consents to receiving more than 20 pages; or (e) by hand.
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Providing electronic document 37 (1) Any electronic document, including an affidavit or statutory declaration, that meets the requirements specified by the Division is deemed to have been provided in accordance with subrules 36 (1), (3) and (4). Notice of requirements (2) The Division must publish or post notice of the requirements referred to in subrule (1) in a manner that will allow public access to them. Original document (3) An electronic document provided by the Division is considered to be the original version of the document. Retention of paper document (4) A person who provides to the Division an electronic document whose original version is a paper document must retain that original version for the duration of the appeal and must, on request, provide it to the Division.
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Electronic signature 38 (1) Any requirement under these Rules that a document be signed is satisfied, in the case of an electronic document, by an electronic signature. Definition of electronic signature (2) For the purposes of subrule (1), electronic signature means a signature that consists of one or more letters, characters or other symbols in digital form that are incorporated in, attached to or associated with the document.
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Application — inability to provide document 39 (1) If a party is unable to provide a document in accordance with rule 36 , the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document. Allowing application (2) The Division may allow the application only if it is of the opinion that the party has made reasonable efforts to provide the document to the person to whom the document must be provided.
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Receipt of document by Division 40 (1) A document provided to the Division is considered to be received (a) in the case of a paper document, on the date indicated by the date stamp that the registry office places on the document; and (b) in the case of an electronic document, on the date and at the time indicated by the electronic means used to provide it. Receipt of document by party — regular mail (2) A document that is provided to a party by regular mail is considered to be received seven days after the day it was mailed, or 20 days after the day it was mailed if the document was sent to or from a place outside Canada. Receipt of document by party — electronic (3) A document that is provided electronically to a party is considered to be received at the date and time indicated by the electronic means used to provide it.
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Extension of time limit — next working day 41 When the time limit for providing a document falls on a day that is not a working day, the time limit is extended to the next working day.
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Designation — Immigration Division 42 If the Immigration Division designated a representative for a person in the proceedings relating to the decision being appealed, the representative is deemed to have been designated for the appeal, unless the Division decides otherwise.
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Duty of counsel to notify — minor 43 If counsel for a party believes that the Division should designate a representative for a person because the person is under 18 years of age, the counsel must notify the Division in writing without delay, unless (a) the appeal is being heard together with the appeal of the person’s parent, guardian or tutor and the parent, guardian or tutor is 18 years of age or older; or (b) the appeal is against a removal order made at an admissibility hearing and the Immigration Division has designated a representative for the person.