New IAD Rules for immigration appeals have now come into force.
The new Rules, which replace the old Rules introduced in 2002, will modernize the appeal process and help to ensure the IAD resolves appeals effectively, fairly and in accordance with the law.
Below is a summary of some of the key changes the new Rules make to the appeal process. We invite you to read the
IAD Rules and a Regulatory Impact Analysis Statement (RIAS).
Key changes to the early stages of the appeal process
There are 2 key changes that impact the requirements for the parties:
Time limit to provide an appeal record
Changed: For sponsorship and residency obligation appeals, the Minister has 60 days to provide the appeal record. It was 120 days in the old Rules.
Changed: For removal order appeals and Minister's appeals, the Immigration Division or the Minister has 30 days to provide the appeal record. It was 45 days in the old Rules.
Time limit to disclose documents in support of an appeal
Changed: The time limit for a party to provide documents in support of their appeal is 60 days after receiving the appeal record (Rules 24(1) and 26). It was 20 days before a hearing in the old Rules.
New: If a party does not want to provide any documents to support their appeal, the party must notify the IAD within the same time limit of 60 days (Rules 24(2) and 26).
New: If a party does not provide any documents or notify the IAD that no documents are being provided, the Rules set out new consequences including declaring the appeal abandoned (Rule 30).
Changed: The time limit for a party to provide documents in response to evidence provided by the other party is now 30 days before a hearing (Rule 27). It was 10 days before a hearing in the old Rules.
New: If a party provides a document that does not respect the time limit, the Division must consider new factors to decide whether to allow the party to use the document (Rule 29).
Other key changes
Changed: The time limit for a party to provide witness information is changed to 30 days before the hearing rather than 20 days before the hearing.
New: The witness information must also now include a brief statement of the purpose and substance of the testimony, which is a new requirement (Rule 55).
Changed: Documents used in an informal resolution process are no longer confidential and can be used later in the appeal. However, any matter discussed in an informal resolution process remains confidential (Rules 66 and 67).
Changed: The factors considered when deciding an application for a change of date and time of a proceeding have been modified. An application to change date and time must also be made at least three working days before a proceeding instead of two working days unless the application is made for medical reasons (Rules 90 and 91).
New: The conduct of a hearing is now set out in the IAD Rules (Rules 74 to 76).
New: The procedure for applications to reopen an appeal is now set out in the IAD Rules (Rules 98 to 100).
You can read about all the changes once published in the Canada Gazette in the coming weeks.
How appeals filed before January 14, 2023 will be processed
The new IAD Rules
will apply to all pending appeals filed before January 14, 2023 with a few exceptions:
Exception: Time limit to disclose documents
If an appeal was filed before January 14, 2023, the disclosure time limit of 20 days before the hearing will continue to apply as set out in the old IAD Rules. The same applies to the response evidence time limit of 10 days before the hearing.
Exception: Time limit to provide an appeal record
The time limit of 45 or 120 days as set out in the old IAD Rules to provide an appeal record will continue to apply when a copy of the notice of appeal is provided to the Immigration Division or Minister before January 14, 2023.
Exception: Non-confidentiality of documents used in an Alternative Dispute Resolution (ADR) conference
Documents provided for the purpose of an ADR conference will remain confidential as set out in the old Rules if the notice to appear for the ADR conference is dated before January 14, 2023.