Immigration Appeal Division Rules, 2022: SOR/2022-277
Canada Gazette, Part II, Volume 157, Number 1
Registration
SOR/2022-277 December 15, 2022
IMMIGRATION AND REFUGEE PROTECTION ACT
P.C. 2022-1320 December 15, 2022
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 Act footnote 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.
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 Act footnote b.
Ottawa, October 21, 2022
Richard Wex
Chairperson of the Immigration and Refugee Board
TABLE OF PROVISIONS
Immigration Appeal Division Rules, 2022
Definitions
1 Definitions
General Provisions
2 General principle
3 No applicable rule
4 Powers of Division
5 Failure to follow Rules
Communicating with the Division
6 Communicating with Division
Contact Information
7 Contact information — party other than Minister
8 Change to contact information
9 Written statement — unpaid counsel
Counsel of Record
10 Becoming counsel of record
11 Request to be removed
12 Removing counsel of record
Filing an Appeal
13 Notice of appeal — person
14 Notice of appeal — admissibility hearing
15 Notice of appeal — Minister
16 Time limit
17 Documents provided to Minister
Language of the Appeal
18 Choice of language
19 Changing language
Appeal Record
20 Appeal record — sponsorship
21 Minister provides appeal record
22 Time limit
23 Late appeal record
Disclosure of Evidence
24 Disclosure of evidence
25 Proof document was provided
26 Time limit — 60 days
27 Time limit — response to evidence
28 Time limit for reconsideration – stay
29 Time limit not met
30 Consequence — failure to disclose
Documents
Form and Language of Documents
31 Documents prepared by party
32 More than one document
33 Language of documents
34 Translator’s statement
Providing a Document
35 General provision
36 Providing documents to Division
37 Providing electronic document
38 Electronic signature
39 Application — inability to provide document
40 Receipt of document by Division
41 Extension of time limit — next working day
Designated Representatives
42 Designation — Immigration Division
43 Duty of counsel to notify — minor
44 Duty to notify — inability to appreciate proceedings
45 Purpose of counsel’s notice
46 Content of notice
47 Factors to consider
48 Criteria for designated representative
49 Responsibilities of designated representative
50 Termination of designation
51 End of designation — 18 years of age
52 End of designation
Interpreters
53 Need for interpreter
54 Interpreter’s oath
Witnesses
Witness Information
55 Providing witness information
56 Failure to provide witness information
Summons
57 Requesting summons
58 Cancelling summons
59 Arrest warrant
Notice to Appear
60 Content of notice
61 Date fixed for hearing
62 Party in custody
63 Failure to appear
Appeal
Informal Resolution Process
64 Participation in informal resolution process
65 Obligations of parties and counsel
66 Confidentiality of discussions — informal resolution process
67 Document not confidential
68 Disclosure to responsible authorities
69 ADR conference
70 Assignment of ADR conference facilitator
71 Agreement in ADR conference
Conferences
72 Requirement to participate in conference
73 Written record
Conduct of a Hearing
74 General
75 Excluded witness
76 Oral submissions
Proceeding in Writing
77 Proceeding in writing
Stay of Removal Order
78 Application to reconsider appeal
79 Reconsideration on Division’s own initiative
80 Notice of cancellation of stay
81 Proof document was provided
82 Notice of cancellation of stay
83 Response to notice of cancellation of stay
Applications
General
84 General provision
Making an Application
85 Form of application and time limit
Written Response and Reply
86 Responding to written application
87 Replying to written response
Changing Location
88 Application
89 Factors
Changing Date or Time
90 Application
91 Exceptional circumstances
92 Subsequent application
Proceeding Conducted in Absence of the Public
93 Form of application
Withdrawing an Appeal
94 Abuse of process
Reinstating an Appeal After Withdrawal
95 Application to reinstate withdrawn appeal
96 Factors
97 Subsequent application
Application to Reopen Appeal
98 Form and content of application
99 Factors
100 Subsequent application
Notice of Constitutional Question
101 Notice of constitutional question
Decisions
102 Notice of decision
103 Written reasons
104 When decision takes effect
Transitional Provisions
105 Application
106 Repeal
Coming into Force
107 30th day after registration
SCHEDULE
Immigration Appeal Division Rules, 2022
Definitions
Definitions
1 The following definitions apply in these Rules.
- Act
- means the Immigration and Refugee Protection Act. (Loi)
- ADR
- means alternative dispute resolution. (MARL)
- appellant
- means a person who makes an appeal to the Division. (appelant)
- 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
- means the Immigration Appeal Division of the Board. (Section)
- 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
- means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)
- party
- means the appellant or the respondent. (partie)
- proceeding
- includes a hearing, conference, ADR conference, application or proceeding in writing. (procédure)
- registry office
- means a business office designated as a registry office by the Division. (greffe)
- 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
- 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
- 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
- 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
- means a day other than a Saturday, Sunday or other day on which the Board offices are closed. (jour ouvrable)
General Provisions
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.
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.
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.
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
Communicating with Division
6 All communication with the Division must be directed to the registry office.
Contact Information
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.
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.
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
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.
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.
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.
Filing an Appeal
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.
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.
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.
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.
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
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.
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
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.
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.
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.
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.
Disclosure of Evidence
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.
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.
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.
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.
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.
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.
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.
Documents
Form and Language of Documents
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.
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.
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.
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.
Providing a Document
General provision
35 Rules 36 to 41 apply to any document, including a notice, request, application or statement in writing.
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.
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.
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.
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.
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.
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.
Designated Representatives
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.
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.
Duty to notify — inability to appreciate proceedings
44 (1) If counsel for a party believes that the Division should designate a representative for a person because the person is unable to appreciate the nature of the proceedings, counsel must notify the Division in writing without delay.
Exception
(2) Counsel is not required to notify the Division under subrule (1) if the appeal is against a decision made at an admissibility hearing and the Immigration Division designated a representative for the person.
Purpose of counsel’s notice
45 The purpose of a notice under rule 43 or 44 is to assist the Division in determining whether, in accordance with subsection 167(2) of the Act, it must designate a representative.
Content of notice
46 A notice provided under rule 43 or 44 must
- (a) indicate whether counsel is aware of a person in Canada who meets the requirements to be designated as a representative and, if they are aware, provide the person’s contact information;
- (b) indicate the reasons why counsel believes that a representative should be designated; and
- (c) be accompanied by any available documents supporting the designation.
Factors to consider
47 When determining whether a person is unable to appreciate the nature of the proceedings, the Division must consider any relevant factors, including
- (a) whether the person can understand the reason for the proceeding and can instruct counsel;
- (b) the person’s statements and behaviour at the proceeding;
- (c) expert evidence, if any, on the person’s intellectual or physical faculties, age or mental condition; and
- (d) whether the person has had a representative designated for them for a proceeding in a division other than the Immigration Division.
Criteria for designated representative
48 Before designating a person as a representative, the Division must be satisfied that the person
- (a) is 18 years of age or older;
- (b) understands the nature of the proceedings;
- (c) is willing and able to act in the best interests of the person they are to represent;
- (d) does not have interests that conflict with those of the person they are to represent; and
- (e) has been informed of the responsibilities of a designated representative and is willing and able to fulfill them.
Responsibilities of designated representative
49 The responsibilities of a designated representative include
- (a) deciding whether to retain counsel and, if counsel is retained, instructing counsel or assisting the represented person in instructing counsel;
- (b) making decisions regarding the appeal or assisting the represented person in making those decisions;
- (c) informing the represented person about the various stages of the appeal
- (d) assisting the represented person in gathering evidence to support their case and in providing evidence and, if necessary, being a witness at the hearing
- (e) protecting the interests of the represented person and putting forward the best possible case to the Division; and
- (f) informing and consulting the represented person to the extent possible when making decisions about their case.
Termination of designation
50 The Division may, on its own initiative or on the request of a party, terminate a designation if the Division is of the opinion that the representative is no longer required or suitable. The Division may designate a new representative if required.
End of designation — 18 years of age
51 The designation of a representative for a person who is under 18 years of age ends when the person reaches 18 years of age unless the representative has also been designated because the person is unable to appreciate the nature of the proceedings.
End of designation
52 The designation of a representative for a person ends when the Division makes a decision allowing or dismissing the appeal or a decision that stays the removal order.
Interpreters
Need for interpreter
53 (1) If a party needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language and, if any, dialect to be interpreted.
Time limit
(2) The notice provided under subrule (1) must be received by the Division no later than 20 days before the date fixed for the next proceeding.
Need for interpreter — witness
(3) If a witness needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language and dialect, if any, of the interpreter at the same time as the witness information is provided under rule 55.
Interpreter’s oath
54 The interpreter must take an oath or make a solemn affirmation to interpret accurately.
Witnesses
Witness Information
Providing witness information
55 (1) A party who wants to call a witness must provide the following information in writing to the other party and the Division:
- (a) the witness’s contact information;
- (b) a brief statement of the purpose and substance of the witness’s testimony;
- (c) the time needed for the witness’s testimony;
- (d) the party’s relationship to the witness;
- (e) an indication of whether the party wants the witness to testify remotely and, if so, the means of live telecommunication by which they will testify; and
- (f) in the case of an expert witness,
- (i) a description of the expert witness’s qualifications, and
- (ii) a brief summary of the testimony to be given, signed by the expert witness.
Proof document was provided
(2) Documents provided to the Division under this rule must be accompanied by a written statement indicating how and when they were provided to the other party.
Time limit — 30 days
(3) Documents provided under this rule must be received no later than 30 days before the date fixed for the hearing.
Failure to provide witness information
56 If a party does not provide the witness information in accordance with rule 55, the Division may decide to allow the witness to testify after considering any relevant factors, including
- (a) the reason why the information was not provided;
- (b) whether the proposed testimony is relevant and has probative value; and
- (c) in the case of a party other than the Minister, whether the party has counsel.
Summons
Requesting summons
57 (1) A party who wants the Division to order a person to testify at a hearing must make a request to the Division for a summons, either orally during a proceeding or in writing.
Factors
(2) The Division must consider any relevant factors before deciding to issue a summons, including whether
- (a) the testimony of the person is necessary to a full and proper hearing;
- (b) the person is able to give the testimony; and
- (c) the person has agreed to be summoned as a witness.
Using summons
(3) To use a summons, the party must
- (a) provide the summons to the summoned person by hand;
- (b) provide a copy of the summons to the Division, together with a written statement indicating the name of the person who provided the summons and the date, time and place that it was provided by hand; and
- (c) pay or offer to pay the summoned person the applicable witness fees and travel expenses as determined in accordance with Tariff A of the Federal Courts Rules.
Cancelling summons
58 To cancel a summons, the person who is summoned to appear as a witness must make an application in writing to the Division in accordance with rule 85, but is not required to provide an accompanying affidavit or statutory declaration under subrule 85(3).
Arrest warrant
59 (1) If a person does not obey a summons to appear as a witness, the party who requested the summons may make a request to the Division, orally or in writing, to issue a warrant for the person’s arrest.
Written request
(2) A party who makes a written request must provide supporting evidence in an accompanying affidavit or statutory declaration.
Requirements for issue of arrest warrant
(3) The Division may issue an arrest warrant only if
- (a) the person summoned was provided the summons by hand or the person is avoiding being provided the summons;
- (b) the person was paid or offered the applicable witness fees and travel expenses as determined in accordance with Tariff A of the Federal Courts Rules;
- (c) the person did not appear at the hearing as required by the summons; and
- (d) the person’s testimony is still needed for a full and proper hearing.
Content of arrest warrant
(4) When the Division issues an arrest warrant, the warrant must include directions concerning detention and release.
Notice to Appear
Content of notice
60 (1) The Division must notify the parties in writing of the date, time and location fixed for any proceeding.
Changes to date, time or location
(2) If any changes are made to the date, time or location, the Division must notify the parties in writing without delay.
Date fixed for hearing
61 The hearing must take place at least 30 days after the day on which the parties receive the notice to appear, unless
- (a) the hearing has been adjourned or postponed; or
- (b) the parties consent to an earlier date.
Party in custody
62 The Division may order a person who holds a party other than the Minister in custody to bring that party to a proceeding at the location specified by the Division.
Failure to appear
63 If a party fails to appear at a proceeding, the Division may
- (a) determine that the appeal has been abandoned in accordance with subsection 168(1) of the Act;
- (b) hold the proceeding in the absence of the party;
- (c) prohibit the party from presenting further evidence, questioning witnesses, or making submissions to the Division;
- (d) decide the issues in the proceeding on the basis of the evidence provided; or
- (e) take any other action that it considers appropriate.
Appeal
Informal Resolution Process
Participation in informal resolution process
64 The Division may require the parties to participate in an informal resolution process in order to encourage them to resolve an appeal without a hearing.
Obligations of parties and counsel
65 (1) In any informal resolution process, the parties must be prepared to resolve the appeal and their counsel must have authority to do so. The parties and their counsel must also
- (a) participate in good faith;
- (b) follow the directions given by the Division with respect to the process, including the manner of participation; and
- (c) provide to each other and to the Division any document that the Division requires them to prepare or provide.
Clarification
(2) If a document has been provided to the other party and the Division under paragraph (1)(c) for the purpose of an informal resolution process, it is deemed to have been provided in accordance with rule 26 for the rest of the appeal.
Confidentiality of discussions — informal resolution process
66 Any information about a matter discussed in an informal resolution process, including at an ADR conference, is confidential and must not be used later in the appeal or otherwise disclosed to a non-party unless
- (a) the information could be obtained in a way that is not part of the informal resolution process;
- (b) the matter relates to an offence under the Act or a breach of these Rules; or
- (c) the person who gave the information agrees to its disclosure.
Document not confidential
67 A document provided for the purposes of an informal resolution process, including an ADR conference, is not confidential and may be used for the rest of the appeal.
Disclosure to responsible authorities
68 Disclosure under paragraph 66(b) may be made only to the authorities responsible for enforcement of the Act or these Rules.
ADR conference
69 (1) The Division may decide to hold an ADR conference on its own initiative or on receipt of a request made by a party that contains a statement of the reasons the party believes the appeal can be resolved through such a conference.
Request provided to other party
(2) The party must provide the request made under subrule (1) to the other party.
Assignment of ADR conference facilitator
70 (1) The Division must assign a member of the Division or an employee of the Board as ADR conference facilitator.
Member must not hear appeal
(2) A member of the Division who facilitates an ADR conference must not hear the appeal, unless the parties agree.
Agreement in ADR conference
71 (1) An agreement to resolve an appeal that is reached through an ADR conference must be confirmed by the parties or their counsel and approved in writing by the Division.
Agreement not confidential
(2) The agreement is not confidential.
Conferences
Requirement to participate in conference
72 (1) The Division may, on its own initiative or on receipt of a request made by a party, require the parties to participate in a conference, other than an ADR conference, to
- (a) try to resolve some or all of the issues;
- (b) narrow the issues in order to simplify the hearing;
- (c) discuss issues, relevant facts and any other matter that would make the appeal as fair and efficient as possible; and
- (d) give information to help the Division fix a date for the proceeding.
Information or documents
(2) The Division may require the parties to provide any information or document at or before the conference.
Written record
73 The Division must make a written record of any decision or agreement made at a conference.
Conduct of a Hearing
General
74 (1) The Division must, in any hearing before it, give the parties the opportunity to present evidence, question witnesses and make submissions.
Issues and evidence
(2) Taking into account the nature and complexity of the issues and the relevance of the evidence, the Division may
- (a) narrow the issues to be addressed at the hearing, including by identifying facts that are not in dispute;
- (b) establish the order in which the issues are to be addressed;
- (c) direct and limit the evidence to be presented; and
- (d) limit the number and the length of questioning of witnesses.
Questioning witnesses
(3) The Division may question any witness at any point during the hearing.
Additional evidence or witnesses
(4) The Division may notify the parties if additional evidence or witnesses are likely to assist the Division in deciding the appeal.
Excluded witness
75 Unless allowed to do so by the Division, a person must not communicate to a witness excluded from a hearing any evidence given while the witness was excluded until the witness has finished testifying.
Oral submissions
76 (1) Submissions must be made orally at the end of a hearing unless the Division orders otherwise.
Limits on submissions
(2) After all the evidence has been heard, the Division may
- (a) set time limits for submissions, taking into account the complexity of the issues and the amount of relevant evidence heard; and
- (b) indicate what issues need to be addressed in the submissions.
Proceeding in Writing
Proceeding in writing
77 (1) Instead of holding a hearing, the Division may require the parties to proceed in writing if doing so would not be unfair to any party and a hearing is not otherwise required.
Appeal record
(2) The Division may make a decision in a proceeding in writing without being provided with the appeal record under rule 21.
Exception
(3) Subrule (1) does not apply to a residency obligation appeal unless the parties agree to resolve the appeal without a hearing.
Stay of Removal Order
Application to reconsider appeal
78 (1) If the Division has stayed a removal order, a party who makes an application to reconsider the appeal
- (a) must make the application in accordance with rule 85, but is not required to provide an accompanying affidavit or statutory declaration under subrule 85(3); and
- (b) must provide with their application a written statement indicating whether the conditions of the stay have been complied with.
Response
(2) The other party must respond to the application in accordance with rule 86 and provide with their response a written statement of whether the conditions of the stay have been complied with.
Reconsideration on Division’s own initiative
79 (1) If the Division reconsiders an appeal on its own initiative under subsection 68(3) of the Act, it must notify the parties in writing.
Time limit for providing statement
(2) Each party must provide to the Division and the other party, within the time limit specified by the Division, a written statement indicating whether the conditions of the stay have been complied with.
Notice of cancellation of stay
80 If a stay of removal is cancelled under subsection 68(4) of the Act, the Minister must provide the Division and the other party with written notice of the cancellation stating
- (a) the name of the person convicted;
- (b) the date and place of conviction;
- (c) the offence and the relevant provision of an Act of Parliament; and
- (d) if the offence is not punishable by a maximum term of imprisonment of at least 10 years, the term of imprisonment that was imposed.
Proof document was provided
81 The Minister must, together with the notice under rule 80, provide a written statement indicating how and when the notice was provided to the other party.
Notice of cancellation of stay
82 If the Minister provides written notice of the cancellation under rule 80, the Division must process the notice in the same manner as an application.
Response to notice of cancellation of stay
83 A party responding to a notice provided under rule 80 must respond in accordance with rule 86.
Applications
General
General provision
84 Unless these Rules provide otherwise
- (a) a party who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division in accordance with rule 85;
- (b) a party who wants to respond to the application must respond in accordance with rule 86; and
- (c) a party who wants to reply to a response must reply in accordance with rule 87.
Making an Application
Form of application and time limit
85 (1) Unless these Rules provide otherwise, an application must be made in writing without delay.
Content of application
(2) In the application, the party must
- (a) state what decision the party wants the Division to make;
- (b) give reasons why the Division should make that decision; and
- (c) if the views of the other party are known, state whether the other party agrees to the application.
Affidavit or statutory declaration
(3) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application.
Providing application
(4) A party who makes a written application must provide
- (a) to the other party, the application and any accompanying affidavit or statutory declaration; and
- (b) to the Division, the application and any accompanying affidavit or statutory declaration, together with a written statement indicating how and when the party provided the documents to the other party.
Oral application
(5) The Division may allow a party to make an application orally at a proceeding if the party demonstrates that, with reasonable effort, they could not have made a written application before the beginning of the proceeding.
Written Response and Reply
Responding to written application
86 (1) A response to a written application must be in writing, state what decision the party wants the Division to make and give reasons why the Division should make that decision.
Evidence in written response
(2) Subject to subrule (3), any evidence that the party wants the Division to consider with the written response must be given in an affidavit or statutory declaration that accompanies the response.
Evidence not required
(3) If the party who made the application was not required to give evidence in an affidavit or statutory declaration together with the application, then evidence is not required to be given in an affidavit or statutory declaration that accompanies the written response unless the Division orders otherwise.
Providing response
(4) A party who responds to a written application must provide
- (a) to the other party, the response and any accompanying affidavit or statutory declaration; and
- (b) to the Division, the response and any accompanying affidavit or statutory declaration, together with a written statement indicating how and when the party provided the documents to the other party.
Time limit
(5) Documents provided under subrule (4) must be received no later than seven days after the party receives the application.
Replying to written response
87 (1) A reply to a written response must be in writing.
Evidence in reply
(2) Subrules 86(2) to (4) apply to the reply.
Time limit
(3) Documents provided under subrule (2) must be received no later than five days after the day on which the party receives the response.
Changing Location
Application
88 (1) A party who makes an application to the Division to change the location of a proceeding must make the application in accordance with rule 85, but is not required to provide an accompanying affidavit or statutory declaration under subrule 85(3).
Time limit
(2) Documents provided under this rule must be received no later than 30 days before the date fixed for the proceeding.
Duty to appear
(3) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the location fixed and be ready to start or continue the proceeding.
Factors
89 In deciding the application for a change of location, the Division must consider any relevant factors, including
- (a) whether the party resides in the location where they request that the proceeding be held;
- (b) whether a change of location would allow the appeal to be full and proper;
- (c) whether a change of location would likely delay the proceeding;
- (d) how a change of location would affect the parties;
- (e) whether a change of location is necessary to accommodate the vulnerabilities of a person;
- (f) whether a hearing may be conducted by a means of live telecommunication with the parties; and
- (g) the operational requirements of the Division.
Changing Date or Time
Application
90 (1) A party who makes an application to the Division to change the date or time of a proceeding must make the application in accordance with rule 85, but is not required to provide an accompanying affidavit or statutory declaration under subrule 85(3).
Time limit and content of application
(2) The application must
- (a) be received by the Division at least three working days before the date fixed for the proceeding, unless the application is made for medical reasons or other emergencies, in which case it must be made without delay; and
- (b) indicate at least six dates and times that are within the period specified by the Division and at which the party is available to start or continue the proceeding.
Notice of period specified by Division
(3) The Division must publish or post notice of the period referred to in paragraph (2)(b) in a manner that will allow public access to it.
Oral application
(4) If the party is unable to make the application in accordance with paragraph (2)(a), the party must appear on the date and at the time fixed for the proceeding and make the application orally at the proceeding.
Duty to appear
(5) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding on the date and at the time fixed and be ready to start or continue the proceeding.
Exceptional circumstances
91 The Division may allow the application only if it determines that there are exceptional circumstances and must take into consideration any relevant factors including
- (a) whether the application was made in a timely manner and, if it was not, the justification for the delay;
- (b) any previous change in the date or time of the proceeding;
- (c) the rights and interests of the parties;
- (d) the need to change the date or time of the proceeding to accommodate the vulnerabilities of a person;
- (e) the nature and complexity of the matter to be heard; and
- (f) the operational requirements of the Division.
Subsequent application
92 If the party made a previous application to change the date or time of a proceeding and that application was denied, the Division must consider the reasons for the denial and may allow the subsequent application only if the subsequent application is based on exceptional circumstances supported by new evidence.
Proceeding Conducted in Absence of the Public
Form of application
93 (1) A person may make an application to the Division in accordance with rule 85 to have a proceeding conducted in the absence of the public, or to request that the Division take any other measure to ensure the confidentiality of the proceedings.
Request to respond to application
(2) Any person may make a written request to the Division to be allowed to respond to an application to have a proceeding held in the absence of the public.
Form of response — rule 86
(3) A person who is allowed by the Division to respond to the application must respond in accordance with rule 86.
Confidentiality measures
(4) The Division may take any measures it considers necessary to ensure the confidentiality of the application.
Time limit
(5) An application made under this rule must be received no later than 20 days before the date fixed for the proceeding.
Withdrawing an Appeal
Abuse of process
94 (1) For the purposes of subsection 168(2) of the Act, withdrawal of an appeal is an abuse of process if withdrawal would likely have a negative effect on the integrity of the Division.
No substantive evidence accepted
(2) If no substantive evidence has been accepted in the appeal, withdrawal of the appeal is not an abuse of process.
Withdrawal if no substantive evidence accepted
(3) If no substantive evidence has been accepted in the appeal, a party may withdraw their appeal by notifying the Division either orally at a proceeding or in writing.
Withdrawal if substantive evidence accepted
(4) If substantive evidence has been accepted in the appeal, a party who wants to withdraw their appeal must make an application to the Division in accordance with rule 85.
Reinstating an Appeal After Withdrawal
Application to reinstate withdrawn appeal
95 (1) An appellant may apply to the Division to reinstate an appeal that was withdrawn.
Form and content of application
(2) The appellant must make the application in accordance with rule 85 and include in the application their contact information and, if represented by counsel, their counsel’s contact information.
Factors
96 The Division may allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.
Subsequent application
97 If the appellant has made a previous application to reinstate an appeal and that application was denied, the Division must consider the reasons for the previous denial and may allow the subsequent application only if there are exceptional circumstances supported by new evidence.
Application to Reopen Appeal
Form and content of application
98 (1) An application to reopen an appeal must be made in accordance with rule 85 and must include
- (a) in the case of an application made by a party other than the Minister, the contact information of the party and, if they are represented by counsel, of their counsel; and
- (b) in the case of an application made by the Minister, the contact information of the Minister’s counsel.
Allegations against former counsel
(2) If a party other than the Minister alleges in their application that their former counsel provided inadequate representation, the party must provide the application
- (a) to their former counsel before providing it to the Division; and
- (b) to the Division, accompanied by a written statement indicating how and when it was provided to their former counsel.
Factors
99 (1) In deciding the application to reopen an appeal, the Division must consider any relevant factors, including
- (a) whether the application was made in a timely manner and, if not, the justification for the delay; and
- (b) if the applicant did not make an application for leave to apply for judicial review or an application for judicial review, the reasons why an application was not made.
Natural justice
(2) In the case of an application that is made other than under section 71 of the Act, the Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice.
Subsequent application
100 If the appellant has made a previous application to reopen an appeal and that application was denied, the Division must consider the reasons for the previous denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.
Notice of Constitutional Question
Notice of constitutional question
101 (1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question.
Form and content of notice
(2) The notice must be completed using Form 69 of the Federal Courts Rules or any other form that sets out
- (a) the party’s name;
- (b) the Division file number;
- (c) the date, time and location of the hearing;
- (d) the specific legislative provision that is being challenged;
- (e) the material facts relied on to support the constitutional challenge; and
- (f) a summary of the legal argument to be made in support of the constitutional challenge.
Providing notice
(3) The party must provide the notice to
- (a) the Attorney General of Canada and the attorney general of every province, in accordance with section 57 of the Federal Courts Act;
- (b) the other party; and
- (c) the Division.
Notice provided to Division
(4) The notice that is provided to the Division must be accompanied by a written statement indicating how and when the notices were provided to the recipients referred to in paragraphs (3)(a) and (b) and proof that they were provided.
Time limit
(5) Documents provided under this rule must be received no later than 10 days before the day on which the constitutional question is to be argued.
Decisions
Notice of decision
102 When the Division makes a decision, other than an interlocutory decision, it must provide a written notice of decision to the parties.
Written reasons
103 (1) When the Division makes a decision on a sponsorship appeal or stays a removal order, it must provide the notice of decision together with the written reasons for the decision to the parties.
Request for written reasons
(2) A request referred to in paragraph 169(e) of the Act for reasons for a decision, other than a decision referred to in subrule (1) or an interlocutory decision, must be in writing.
When decision takes effect
104 A decision, other than an interlocutory decision, takes effect
- (a) if it is made in writing
- (i) by a single member, when the member signs and dates the reasons for the decision; or
- (ii) by a panel of three members, when all of the members of the panel sign and date their reasons for the decision; and
- (b) if it is given orally at a hearing
- (i) by a single member, when the member states the decision and gives the reasons; or
- (ii) by a panel of three members, when all of the members of the panel state their decision and give their reasons.
Transitional Provisions
Application
105 (1) Subject to subrules (2) to (4), these Rules apply to all proceedings filed before the day on which these Rules come into force, including any proceeding that a court refers back to the Division for redetermination.
Appeal record
(2) If the Minister or the Immigration Division receives a notice of appeal before the day on which these Rules come into force, the appeal record must be provided in accordance with the time limits set out in the Immigration Appeal Division Rules as they read immediately before that day.
Confidentiality — ADR
(3) Subrule 20(4) of the Immigration Appeal Division Rules, as they read immediately before the day on which these Rules come into force, continues to apply to any confidential information, statement or document given in an ADR conference for which the date of the notice to appear is before that day.
Disclosure of documents
(4) If an appeal is filed before the day on which these Rules come into force,
- (a) the statement referred to in subrule 24(2) of these Rules is not required in respect of the appeal; and
- (b) the time limits for providing or receiving documents set out in subrules 30(3) and (4) and 37(3) of the Immigration Appeal Division Rules, as they read immediately before that day, continue to apply.
Repeal
106 The Immigration Appeal Division Rules footnote 1 are repealed.
Coming into Force
30th day after registration
107 These Rules come into force on the 30th day after the day on which they are registered.
SCHEDULE
(Rule 9)
Information and Written Statements — Counsel not Representing or Advising for Consideration
1 Board division and file number.
2 Name of counsel who is representing or advising the party other than the Minister and who is not receiving consideration for those services.
3 Name of counsel’s firm or organization, if applicable, and counsel’s email address, telephone number and postal address.
4 If applicable, a written statement signed by the interpreter that the interpretation is accurate and that indicates the interpreter’s name and the language and, if any, dialect interpreted.
5 Written statement signed by the party other than the Minister that the counsel who is representing or advising the party is not receiving consideration.
6 Written statement signed by counsel that they are not receiving consideration for representing or advising the party other than the Minister.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Rules.)
Issues
The Immigration and Refugee Board (IRB) undertook a review of the Immigration Appeal Division Rules introduced in 2002 (the 2002 IAD Rules) to ensure proceedings are conducted as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. This review found that procedures and processes found in the 2002 IAD Rules did not fully support the objectives of informal resolution and timely processing.
The 2002 IAD Rules established time limits that resulted in undue delays in considering an appeal. For example, the time limit for the Minister to provide an appeal record in sponsorship and residency obligation appeals was 120 days. In most cases, this time limit prevented any processing of the appeal during that time since the appeal record contains all the documents used to make the decision being appealed as well as the reasons for that decision.
The procedures for disclosure of documents in the 2002 IAD Rules were oriented to support formal hearings and they did not facilitate informal resolution outcomes or hearing preparedness. The 2002 IAD Rules required disclosure 20 days before the hearing which limited the ability for the Immigration Appeal Division (IAD) and parties to identify possible areas of resolution or procedural issues that might have needed additional attention before setting a hearing date. In the process set out in the 2002 IAD Rules, the IAD had to ask the parties for information to support informal resolution activities, which often resulted in the parties having to provide disclosure (additional information) at multiple stages in their appeal, initially for informal resolution and then later for their hearing.
The procedures set out in the 2002 IAD Rules made it difficult for the IAD to provide timely procedural support to self-represented appellants. Despite efforts to prepare appellants before scheduling a hearing, many appellants still appeared for their hearing inadequately prepared since the 2002 IAD Rules required documents and other information for the proceeding to be provided 20 days before the hearing. Identifying appellants requiring additional procedural guidance and providing that guidance just weeks before a scheduled hearing was impractical and often impossible. This created a barrier to access to justice for these appellants as well as inefficiencies in scheduling appeals, which could delay deciding other appeals. The 2002 IAD Rules could also have benefited from more organization and clearer language to support appellants navigating the process without legal representation.
The 2002 IAD Rules were dated and required standard updates to reflect current realities and previous recommendations. The 2002 IAD Rules needed to better reflect electronic practices that improve efficiency and client service, address recommendations made by the Standing Joint Committee for the Scrutiny of Regulations, and where appropriate, align common processes with the Rules of other Divisions at the IRB.
Background
The IRB is the independent administrative tribunal in Canada’s immigration and asylum system responsible for resolving immigration and refugee cases efficiently, fairly, and in accordance with the law. Finalizing proceedings in a fair and timely manner is at the core of its mandate, making it a key component for the efficient functioning of Canada’s immigration and refugee system.
The IAD is one of four Divisions of the IRB. The IAD hears appeals on immigration-related matters, including
- appeals of family class sponsorship applications refused by officials of Immigration, Refugees and Citizenship Canada (IRCC);
- appeals of removal orders made by the IRB’s Immigration Division (ID) or the Minister of Public Safety against permanent residents, protected persons, and holders of permanent resident visas;
- appeals by permanent residents who have been found by an IRCC official outside of Canada not to have fulfilled their residency obligation; and
- appeals by the Minister of Public Safety of decisions at admissibility hearings by the ID where the ID made a decision that a person is not inadmissible.
The IAD’s procedures for appeals are established in the IAD Rules. For example, the IAD Rules lay out the steps and requirements to be followed by each party; explain time frames for filing an appeal and disclosing documents; and establish the early resolution mechanisms that may be used to resolve a case. As such, they are instrumental for ensuring that the IAD fulfills its mandate to resolve appeals efficiently, fairly, and in accordance with the law.
A review of the 2002 IAD Rules began in 2015, to address a large backlog, with appeals taking over 2 years to process. In 2017, the IAD put into effect a strategy to reduce its backlog resulting in a reduction of its average processing time to about 12 months in 2020. The 2019 mandate for the Minister of Immigration, Refugees and Citizenship included a commitment to work on reducing application processing times, improving IRCC’s service delivery and client services to make them timelier and less complicated, and enhancing system efficiency, including in the asylum system. In order to further improve processing times, the 2002 IAD Rules need to be revised to introduce procedural efficiencies and shorter time limits in the disclosure of key documents.
Objective
The IRB seeks to modernize the 2002 IAD Rules to ensure the efficient and fair administration of cases while contributing to the overall objectives of the Immigration and Refugee Protection Act (IRPA), such as family reunification, public safety and program integrity. Specifically, the IAD Rules aim to achieve the following policy goals and outcomes.
1. Increase efficiency and reduce the overall time to finalize immigration appeals
The IAD Rules reduce the time limit for the Minister or the Immigration Division of the IRB to provide the appeal record. In most cases, the appeal record is required before any additional processing of the appeal can begin. For sponsorship and overseas residency obligation appeals, which represent the majority of appeals before the IAD, the time limit is reduced from 120 days to 60 days, saving approximately two months of processing time. For removal orders and Minister’s appeals, the time limit will be reduced from 45 days to 30 days, enabling earlier enforcement if the removal order is upheld.
Requiring disclosure to be provided earlier in the process also increases efficiency and reduces processing time in some appeals. Early disclosure enables the IAD and parties to better identify appeals for possible resolution without a hearing. This eliminates the need to ask the parties to provide disclosure at multiple stages in the process and results in quicker decisions. It also allows the IAD to identify and resolve procedural issues before scheduling, resulting in more efficient hearings and fewer postponements.
By reducing timelines for appeals and increasing efficiency, the IAD Rules facilitate the Government of Canada’s commitments to reduce immigration processing times and expedite family reunification. The IAD Rules are also consistent with the IRB’s priority to improve productivity while enhancing the efficiency, quality, fairness, and consistency of the adjudicative process.
2. Enhance access to justice for those involved in immigration processes
It is crucial that those appearing before the IAD understand the process and its requirements, and that there are opportunities for the IAD to support appellants who require guidance in the appeal process. The IAD Rules clarify and simplify the language and the order in which the rules are presented, thereby making the appeal procedures more accessible and easier to understand. The new requirement to provide disclosure earlier in the process also allows the IAD to identify appellants, particularly those who are self-represented, who require additional guidance before setting the hearing date rather than having them appear at a hearing with unresolved procedural issues. Earlier disclosure of documents increases opportunities for early resolution, resulting in a less complex process and a timelier decision for the parties.
The IAD Rules prescribe how hearings are to be conducted and outline possible active adjudication approaches available to IAD members (decision-makers) to ensure an efficient and fair hearing. The inclusion of active adjudication approaches to the Rules provides greater transparency to the parties about how the hearing can be conducted, permit the hearing to remain focussed on the issues in dispute, and minimize the disadvantages faced by self-represented appellants or vulnerable appellants during the hearing.
3. Provide consistency in procedures and requirements in proceedings that are common to all IRB Divisions, where appropriate
Proceedings and requirements in the IAD Rules are consistent with those of other IRB Divisions, where appropriate, such as the provisions related to designated representatives. Consistency between Divisions help clarify and streamline IRB processes while making the requirements clearer, particularly for parties or other participants to a proceeding who appear before multiple Divisions.
4. Address the recommendations of the Standing Joint Committee for the Scrutiny of Regulations
The IAD Rules address various changes recommended by the Standing Joint Committee for the Scrutiny of Regulations in its communications between 2007 and 2009. The recommendations include providing the parties with certain guarantees such as ensuring a minimum time frame for a notice for a hearing or providing the parties an opportunity to object and provide submissions when the IAD acts on its own initiative. The recommendations also correct technical errors and/or inconsistencies between the English and French versions of the IAD Rules. The outcomes of these changes support fairness of the appeal process and ensure the clarity and transparency of the requirements in the Rules.
Description
The Immigration Appeal Division Rules, 2022 (the IAD Rules) repeal and replace the 2002 IAD Rules. The IAD Rules modify provisions in the 2002 IAD Rules by
- simplifying the rules, organizing them by stage of appeal rather than by type of appeal (e.g. sponsorship, removal order, or residency obligation appeal) to make the rules easier to navigate and understand;
- clarifying and expanding the definitions section;
- reducing the time limits for providing the appeal record from 120 days to 60 days in the case of sponsorship and overseas residency obligation appeals;
- reducing the time limits for providing the appeal record from 45 days to 30 days in the case of removal order and Minister’s appeals;
- requiring procedural requests (e.g. notice of change of language of the appeal or the need for an interpreter) to be made earlier in the process;
- amending the requirements for witness information to also include a brief statement of the purpose and substance of the witness’s testimony;
- requiring documents that a party wants to use in the proceeding be disclosed within 60 days of receiving the appeal record or, if a party does not intend to use any documents in support of their appeal, require them to submit a statement advising so within 60 days of receiving the appeal record;
- Adding factors to consider in deciding whether to allow a party to use a document that was not provided within the time limit set out in the IAD Rules;
- requiring the Minister’s counsel to provide and update their contact details in case of a change without delay to allow for direct contact between the parties without the intervention of the IAD;
- clarifying the rules around the roles and responsibilities as well as the process for appointment and termination of designated representatives in those cases where an appellant is younger than 18 years of age, or is unable to understand the nature of the proceedings;
- modifying the rules on confidentiality of the Informal Resolution Process such that documents are not confidential and can be used later in the proceeding. However, matters discussed in an informal resolution process (e.g. oral evidence, settlement discussions) continue to be confidential and are not to be used later in the appeal or disclosed to a non-party except for the reasons listed in the IAD Rules;
- providing more direction on providing documents electronically and modernizing requirements for the format of documents submitted as part of the appeal process, such as reducing the need for original paper documents and ink signatures; and
- implementing the Standing Joint Committee for the Scrutiny of Regulations recommendations, including amendments to correct technical errors and/or to correct inconsistencies between the English and French versions of the IAD rules.
The IAD Rules include new provisions that did not exist in the 2002 IAD Rules:
- rules on the “Conduct of a Hearing” codifying the standard hearing procedure as well as active adjudication practices that could be employed by an IAD member to facilitate a focussed and fair hearing;
- rules explaining the process for applying to re-open an appeal and also integrating the IRB’s current practice notice on the procedures to follow when the application to re-open involves allegations of inadequate representation by a former counsel;
- a new rule to clarify that documents provided are public by default unless they are accompanied by an application to make them confidential; and
- a new rule to codify the existing practice that the IAD can make a decision in a proceeding in writing without receiving the appeal record where it would not be unfair to any party to do so.
Regulatory development
Consultation
Initial consultations
Beginning in 2016, the IRB conducted consultations with the Canada Border Services Agency (CBSA), IRCC, and other stakeholders (this includes members of the IRB’s national and regional consultation committees which are composed of various legal and immigration associations and some private counsel). These consultations occurred in three phases: pre-drafting consultations, substantive consultations on a proposed draft of the IAD Rules and an impact and costing analysis with portfolio partners.
The pre-drafting consultations were held in 2016 and focussed on gathering initial impressions and ideas on key themes the IRB wanted to address. The IRB met with key national stakeholders and received written comments from a wider stakeholder audience, including regional groups. Comments were reviewed and used as a basis in drafting the initial proposal.
The substantive consultations were held in 2019 to gather comments on a proposed draft of the IAD Rules. Written comments were received from a wide stakeholder audience and a consultation meeting was held with key national stakeholders and portfolio partners.
Those consulted welcomed the IAD’s objectives of increased efficiency, more transparency, and greater simplicity. However, some expressed concerns that there were elements that might not be feasible, might adversely impact vulnerable clients, or had the potential to be contrary to the principles of natural justice or procedural fairness, particularly where the Rules codify the conduct of hearings. Other comments focussed on the need to ensure that the objective of resolving appeals as informally and quickly as possible is balanced appropriately with access to justice and fairness, particularly for vulnerable appellants. Feedback from both the internal and external consultation processes was addressed and, where appropriate, incorporated into the IAD Rules.
Targeted consultations were also completed with IRCC and CBSA in 2019 to assess the impact of reducing the time limit to provide an appeal record from overseas. Working and management-level discussions were held to find more efficient ways to produce appeal records, to explore options that can support the improvement of the service standards for IAD proceedings, and to inform the cost analysis for these changes.
Prepublication comments
The IAD Rules were prepublished in the Canada Gazette, Part I, on June 11, 2022, followed by a 30-day comment period. Written submissions were received from two respondents, including one private law firm and a joint submission from a provincial legal aid office and a refugee advocacy organization. The IRB also accepted and considered submissions received after the 30-day comment period.
Changes to the IAD Rules after prepublication
The IRB made changes to the prepublished IAD Rules based on the comments received. The changes are as follows:
- Increasing the time limit to disclose documents from 45 to 60 days after a party receives the appeal record and updating the factors to consider when deciding whether to allow disclosure when the time limit is not met. In addition to the relevance of the document and whether it could have reasonably been provided within the time limits, the factors now also include the prejudice to the other party, the timeliness of the request, and the justification for any delay. These changes were made to respond to concerns that 45 days was not sufficient time to provide disclosure and the recommendation that the disclosure time limit be tied to the hearing date.
- Changing the time limit to provide witness information from 45 days after a party receives the appeal record to 30 days before the hearing. Two respondents suggested this change because it would be impractical to submit a list of witnesses when the hearing date is unknown, which may result in overinclusive lists.
- Modifying the definition of contact information so that the specific name of the Minister’s counsel is not required as part of the contact information for the Minister. This change was made out of concern of an administrative burden on the Minister to inform the Division and other party each time the file is reassigned, which occurs frequently up to a hearing date. The Minister is still required to provide all generic contact information so that the other party can contact the Minister’s counsel when needed.
- Clarifying Rule 67 with respect to the confidentiality of documents in an informal resolution process to say that the documents provided for the purposes of an informal resolution process can be used for the rest of the appeal. One respondent had requested clarification around the confidentiality rules in an informal resolution process. This change removes the reference to confidentiality measures under paragraph 166(b) of the IRPA, a provision that allows the Division to restrict access to a document or a proceeding from the public.
- Removing “if any” from paragraph 20(2)(c) on the requirement to provide a transcript from an admissibility hearing. One comment received raised the concern that the ID would no longer provide a transcript. As this is not the intention, the IRB has decided to remove this condition.
- Modifying the transitional provision regarding disclosure time limits so that the time limits in the 2002 IAD Rules (i.e. 20 days before the hearing) continue to apply to all pending appeals filed before coming into force instead of only pending appeals for which the appeal record had already been provided. This change is being made, in part, in response to a comment that retrospectively applying the IAD Rules to appeals that are pending at the coming into force date would undermine predictability and plain language. The IRB recognized this one modification to the transitional provisions could further improve and simplify the transition for the parties.
- Permitting a party to request a conference under Rule 72 and not just at the Division’s own initiative. One comment was made to suggest this addition to support informal resolution and hearing efficiency. The IRB agreed.
Other comments
The following summarizes some of the key concerns raised in the comments received from prepublication that did not result in further changes to the IAD Rules:
- Disclosure requirements: Two respondents recommended changing the time limit to disclose documents so that it counts back from the hearing date instead of counting from the date of receiving the appeal record. Their concerns with the proposed time limit included not having sufficient time to prepare and provide documents, additional costs to provide updated documents closer to the hearing, when needed, and possible negative consequences on appellants who do not provide any documents or statement of no documents within the time limit. The IRB recognizes that requiring disclosure early will require parties to operate differently but is of the view that early disclosure benefits the parties and the overall process. In situations where more time is needed, a request can also be made to extend the time limit. As such, the IRB is not changing its approach in tying the time limit to disclose documents to the reception of the appeal record. As mentioned above, however, the IRB has decided to increase the time limit from 45 to 60 days to give more time to the parties to prepare and provide disclosure. The IRB also clarified the process and factors used to decide whether to accept late disclosure.
- Abandonment: Two respondents expressed concerns with the possibility of appeals being declared abandoned without providing an opportunity for the appellant to explain their non-compliance. This was of particular concern for self-represented appellants who may not respect the disclosure time limits, but also for appellants who fail to appear at a proceeding. The IRB fully appreciates this concern and will ensure procedural fairness when considering appeals for abandonment. In the new process, appellants will continue to be informed in writing of the consequences of not respecting the time limit. The IRB will also continue to provide personalized procedural support to self-represented appellants, which will be done before the disclosure time limit. When there are concerns that the appellant was not informed of the requirements or is unable to appreciate the consequences, the IRB has the discretion to proceed with a two-step approach to abandonment or take any other appropriate action to ensure procedural due process. The prepublished IAD Rules are also consistent with the current IRB practice.
- Appeal record: One respondent recommended removing the term “relevant” as a qualifier to the documents the Minister is required to include in an appeal record. The IRB has decided to keep this term in the IAD Rules because a qualifier is needed to avoid having unrelated immigration records disclosed, which would create inefficiencies in the appeal process. It would also result in having more information about the appellant or applicant, potentially involving more sensitive immigration or refugee matters, put into the public realm when it is not material to the appeal.
- Application to change date and time: One respondent had concerns about the factors to consider in deciding applications to change the date and time of a hearing, notably the requirement to only allow the application “in exceptional circumstances” as set out in Rule 91. To fulfil its mandate, the IRB must schedule and conduct its proceedings so that immigration appeals are finalized as quickly and fairly as possible, which includes minimizing the number of unnecessary postponements. To this end, the Chairperson Guideline 6: Scheduling and Changing the Date or Time of a Proceeding, made effective in 2010, established the threshold of “exceptional circumstances” when considering such applications. The IRB maintains that the threshold must be incorporated into the IAD Rules to ensure proceedings are held and concluded in a timely manner.
- Application to reopen: One respondent suggested that the reopening rules should set out factors to consider when assessing claims of inadequate counsel. As the IRB has a cross-divisional practice notice on this issue, the IRB does not see a need to establish additional factors in its Rules.
- Transitional provisions: One respondent had concerns with the clarity and predictability for appellants by retrospectively applying the IAD Rules to appeals pending at coming into force. The IRB’s position is that the existing exceptions to retrospectively applying the IAD Rules to pending cases address these concerns and the transitional provisions will not result in an unfair appeal process or contravene any rule of law. As noted in the previous section, however, the IRB has decided to change one exception regarding disclosure time limits so that the disclosure time limits under the 2002 IAD Rules continue to apply to all appeals pending at coming into force. In the prepublished version of the IAD Rules, this exception only applied to pending appeals for which the appeal record had already been received before the coming into force. This change will increase clarity and predictability.
- Vulnerable persons: Two respondents expressed concerns that the IAD Rules could negatively impact vulnerable persons navigating the new appeal process and expressed particular concern for possible abandonment for not providing disclosure. One respondent further suggested incorporating a special procedure for persons experiencing mental health challenges. Although the IRB shares the importance of supporting vulnerable persons in its processes, it is of the view that such procedures are better placed in other policy instruments, such as the Chairperson Guideline 8: Procedures with respect to Vulnerable Persons Appearing before the IRB.
- Natural justice: There was a comment that some rules could benefit from adding a requirement to consider the “interests of justice” as a legal test. The IRB feels that the Act and the IAD Rules adequately require consideration of fairness and natural justice and therefore no additions are necessary.
Modern treaty obligations and Indigenous engagement and consultation
No modern treaty obligations are anticipated because Indigenous persons are unlikely to be directly impacted by the IAD Rules. The IAD Rules establish the procedures for immigration appeals concerning immigration or admissibility decisions for foreign nationals, protected persons or permanent residents. As such, the IAD Rules do not affect Modern Treaties, nor any Indigenous Peoples’ rights as established in the Constitution or the Royal Proclamation.
Individual Indigenous persons could, however, be indirectly impacted if they are involved in an immigration matter, such as if they applied to sponsor a foreign spouse or family member for permanent residency. The overall effect of the more efficient timeframes for sponsorship appeals is expected to benefit those involved in immigration proceedings, including Indigenous persons. Given the IRB does not collect information on the indigenous status of any appellants, there is no data available to estimate how many persons this group might represent. However, the number is expected to be small.
Instrument choice
Under subsection 161(1) of the IRPA, the IRB Chairperson, subject to the approval of the Governor in Council, may make rules respecting the activities, practices and procedures of each Division of the IRB.
Consideration was given to establishing practices and procedures of the IAD by using other IRB policy instruments such as Chairperson’s guidelines, policies, policy notes, or Chairperson’s instructions. However, due to the extent of procedural changes sought, it was determined that establishing these practices and procedures in enforceable rules provide for more robust and transparent identification of the practices and procedures of the IAD. In addition, one comprehensive instrument is more readily accessible and easier to use than a series of instruments for persons appearing before the IAD.
Regulatory analysis
Benefits and costs
Costs
It is expected that the IAD Rules will have minimal cost impacts. For the purposes of the cost analysis, the existing appeals process established by the 2002 IAD Rules is used as a baseline to determine any incremental costs that would occur when the IAD Rules are implemented.
The IRB is expected to incur upfront implementation costs such as training and updating forms, procedures, and guides. New ongoing costs are not expected because the IAD Rules do not impose any new program requirement within the appeal process and it does not alter the jurisdiction of the IAD or influence the volume of appeals that could be received. Therefore, the IAD will continue to be funded based on appeal volumes and it is not expected additional funding will be required.
It is expected, however, that there will be small annual incremental costs for portfolio partners (IRCC and CBSA), primarily to address the resources required to be able to produce appeal records within a shorter time limit. These costs are expected to be under $500,000 annually and, over time, could be offset by digital transformation opportunities. No other costs were identified for impacted partners.
Finally, there may be additional minor costs for the appellant or other persons appearing before the IAD. For example, the new requirement to provide a brief statement on the purpose of a witness’s testimony and to provide a written statement if a party does not intend to provide any documentary disclosure are considered new activities. These potential costs are minor, and they are expected to be offset by other efficiencies provided by the IAD Rules.
Benefits
The IAD Rules contribute to the integrity and efficiency of IRB proceedings while maintaining fairness and enhancing access to justice.
Shortened time limits to provide the appeal record reduce the time to receive a decision by up to two months for sponsorship and residency obligation appeals. This is a direct benefit to those impacted, especially to those whose families are separated pending the appeal decision or who are awaiting a decision on their permanent resident status in the case of permanent residents abroad.
Requiring parties to disclose documentary evidence earlier in the process allows the IRB and parties to better identify appeals for possible informal resolution without having to make ad hoc requests for documents or information. Resolving an appeal without a hearing provides more timely completion of the matter and reduces the cost of finalizing an appeal for the IRB and both parties. Earlier disclosure also allows the IRB to be more efficient in the scheduling of hearings because it will be able to identify appeals requiring a pre-hearing conference to settle procedural or substantive issues and to determine if self-represented appellants require additional procedural guidance before setting a hearing date. These steps are expected to decrease the number of hearings postponed or adjourned.
Codifying the conduct of a hearing and outlining possible active adjudication measures in the IAD Rules will offer parties more transparency while enabling a more focused and fair hearing.
Small business lens
Analysis under the small business lens concluded that the IAD Rules do not impact Canadian small businesses. The IAD Rules apply to individuals going through the immigration appeal process. Any requirements that would be carried out by lawyers or consultants are considered to be on behalf of appellants, and as such are not considered to be direct impacts on business.
One-for-one rule
The IAD Rules will not result in any incremental change in administrative burden on business. The IAD Rules will repeal and replace the 2002 IAD Rules. This results in no net increase or decrease in regulatory titles under the one-for-one rule.
Regulatory cooperation and alignment
The IAD Rules are not related to a work plan or commitment under a formal regulatory cooperation forum.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
The IRB is committed to continue implementing gender-based analysis plus (GBA+) in its operations, policies, programs and initiatives, as well as monitoring the variation of how impacts may be experienced across gender expressions.
The IRB has a fundamental obligation to ensure all parties have a full opportunity to present evidence and make arguments for their case. The IAD Rules include new procedures that will support vulnerable persons, such as greater clarity of the responsibilities of a designated representative for minors or persons unable to appreciate the nature of the proceeding. The IAD Rules also require decision-makers to consider a person’s vulnerabilities when deciding certain applications, such as applications to change the date and time of a proceeding.
It is recognized, however, that a standard procedure may not always fit the needs of every person, particularly vulnerable appellants such as persons experiencing mental illness, homelessness, or addiction. The new IAD Rules continue to give the IAD the power to modify procedures to ensure the parties receive a fair hearing. If procedures set out in the Rules need to be modified to accommodate a person, there are several existing policy instruments relating to persons with certain vulnerabilities or who belong to disadvantaged social groups that guide IRB decision-makers, specifically:
- Chairperson Guideline 3: Child Refugee Claimants: Procedural and Evidentiary Issues (under review)
- Chairperson’s Guideline 4: Gender Considerations in Proceedings Before the Immigration and Refugee Board (updated in July 2022)
- Chairperson Guideline 8: Procedures With Respect to Vulnerable Persons Appearing Before the IRB (under review)
- Chairperson’s Guideline 9: Proceedings Before the IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (updated in December 2021)
While these guidelines are not mandatory, the IRB is committed to applying them or, where they are not applied, providing reasoned explanations why doing so is not appropriate under the circumstances. The IAD Rules are underpinned by these guidelines, which provide protections and specific accommodations for vulnerable persons, including children, women, and those with diverse sexual orientation or gender identity and expression.
Based on the response from stakeholders to the GBA+ considerations, and on an analysis of the IAD Rules, the following impacts for specific groups are expected:
- Faster and more efficient proceedings may reduce the stress and anxiety faced by many appellants, as it will reduce the time spent in uncertainty about their immigration status. This uncertainty may particularly affect those with pre-existing mental health conditions, or those who claim they face risks after removal. As such, it can be expected that such vulnerable populations will benefit from faster appeal proceedings.
- Stakeholders raised concerns that the shorter deadlines for providing documents, as well as the new requirement to provide a statement of the purpose of a witness’s testimony and a statement indicating when no documents will be disclosed, may be challenging for self-represented appellants and/or those with mental health challenges, intellectual disabilities or substance use issues. Stakeholders expressed concerns that these measures might negatively impact the appeals of these groups, specifically in cases of non-compliance with the Rules. To address these concerns, the IAD will continue to provide procedural support, such as individualized meetings, to ensure that self-represented parties or parties facing other challenges have a clear understanding of the requirements and steps to be taken. In case of non-compliance, decision-makers will continue to ensure that the parties have had a reasonable opportunity to pursue their appeal considering their individual circumstances.
- The simplification of the IAD Rules, through the use of plain language and the reorganization of the Rules, is expected to benefit self-represented appellants, as it will help them to navigate the process. Similarly, many appellants are immigrants whose first language may not be English or French, and they are expected to benefit from the use of less technical language. The development of plain language guides and forms that help appellants understand the process and their obligations would further benefit appellants.
- By clarifying the rules regarding designated representatives, the IRB expects that appellants who require a designated representative, such as minors or adults with mental health challenges, substance use issues, or intellectual disabilities, will receive better assistance, and consequently, a fairer hearing. To this end, the IRB is also reviewing its designated representative program more broadly.
Implementation, compliance and enforcement, and service standards
The Immigration Appeal Division Rules, 2022 will come into force on the 30th day after the day they are registered and will apply to all pending appeals, subject to the exceptions detailed in the transitional provisions.
The IRB will continue to actively measure, monitor, and report on the performance of the IAD within the context of its annual reports to Parliament.
The IAD expects to have its appeal cases resolved in a timely manner with quality decisions rendered. The performance indicators against which these expected results are measured are set out in the IRB’s 2020–21 Departmental Plan (PDF) and the 2019–20 Departmental Results Report, which are tabled in Parliament on an annual basis. These indicators include
- clear, complete and concise decisions;
- percentage of appeals concluded within the service standard set by the IAD; and
- average case processing time.
More detailed performance measures are taken on a monthly and quarterly basis to support tactical decisions in program delivery.
Contact
Julie Wellington
Senior General Counsel, Legal Services
Immigration and Refugee Board of Canada
Minto Place (Canada building)
344 Slater Street
Ottawa, Ontario
K1A 0K1
Email: IRB.Policy-Politiques.CISR@irb-cisr.gc.ca