Notice to the Parties: Handling of Applications by the Minister to Participate in Section 36(1)(a) Cases by Written Submissions Only

The Immigration Division has received an application by the Minister to be allowed to participate in your case by way of written submission only. If this application is accepted, a Minister’s representative would therefore not appear in person at your admissibility hearing. You should have also received a copy of this application from the Minister (Canada Border Services Agency).

Despite rule 39, of the Immigration Division Rules, which deals with responding to applications, the Immigration Division will deal with this application only at the hearing itself. You, or your counsel, are therefore removed from any obligation to respond in writing to the Minister’s application and may respond orally at the hearing itself.

At the hearing, the Immigration Division member will hear your response and decide on the application. Should the Minister’s application be granted, the hearing should normally proceed at that time, even if the Minister’s representative is not present, unless a substantive issue arises that would affect considerations of fairness and natural justice relating to the proceeding.

A notice to appear at your admissibility hearing will be sent to you and your counsel, if any. You will be required to attend this hearing and be ready to start the proceeding.

Immigration Division