Step 4: We will schedule your oral hearing

If a hearing is required, you will be invited to an oral hearing.

Getting your Notice to Appear

After your hearing date is set, you will receive a Notice to Appear. This notice tells you the date, time and whether your hearing will be virtual or in person. Hearings can take place virtually using Microsoft Teams, in person, or by telephone. Instructions on how the virtual hearing will proceed will be provided to you.

What to do if you cannot attend on the hearing date

If you or your counsel cannot appear on that date, or you are not ready to present your case, contact the IAD right away. This is called requesting a postponement.  These requests are granted in exceptional circumstances.

  1. Send an email, letter, or fax to the IAD. State your appeal file number at the top.
  2. Explain why you need to change the date or time of your hearing. You must have very good reasons or the IAD will not allow you to change the date or time.
  3. List at least six dates when you are available for the rescheduling of your hearing.
  4. Provide the Minister’s Counsel with a copy of your postponement request. You will find their contact information in letters you have received from the IAD.
  5. Write a statement of how and when you provided your postponement request to the Minister’s Counsel. Include it with your letter to the IAD.
  6. Send your request to the IAD. The contact information is in letters you have received.

The IAD must receive your letter requesting a postponement at least 3 working days before the original date scheduled for the hearing.

What happens if your request to reschedule is denied

If the IAD denies your request, you must be ready to go ahead with your appeal on the original date scheduled. If you do not attend the hearing, the Minister’s appeal could be allowed and the IAD could find you inadmissible to Canada. This would mean that a removal order could be issued against you, and CBSA might remove you from Canada.

If your request to reschedule arrives late (within 3 working days before the hearing), or you do not hear back from the IAD, you will need to attend your scheduled hearing. At the beginning of the hearing, you can ask again for a change in the date or time. But if the Member denies your request, be prepared to go ahead with the hearing. That means you should have all your documents with you. Your counsel, if you have one, should also be present and your witnesses also.