Paid counsel
An immigration appeal can be complex. While you can represent yourself, you may wish to hire, at your own expense, an
authorized counsel. ‘Authorized’ means that your counsel must belong to one of these
Canadian organizations:
Make sure that your counsel is ‘in good standing’ with their Canadian professional organization. That means that they are allowed to practise.
As of July 1, 2023, all immigration consultants who are members of the CICC require a specific type of licence to represent clients before the IRB. This applies even if they are not charging a fee. You can
find an immigration consultant by visiting the CICC website.
This rule about authorized counsel applies even if you are appealing from outside Canada.
Unpaid counsel
Your counsel does not have to be a lawyer, paralegal, notary, or immigration consultant. They could be a friend, relative, or trusted member of your community. However, they cannot be paid or receive any other form of compensation, such as a gift. An unpaid counsel can also be outside Canada.
An unpaid counsel cannot be a witness at the hearing.
Tell the IAD who is representing you
If you have a paid counsel, use the
Counsel Contact Information form to tell the IAD what professional organization your counsel belongs to. Give their membership identification number.
If you have an unpaid counsel, complete and send a
Notice of Representation without a Fee or Other Consideration.
No matter who represents you, they must be prepared to respond to all IAD requests and attend your hearing or conference.
Extra help with the process for children and people with mental health concerns
You or your counsel must tell the IAD if you are:
- under 18 years of age,
or
- 18 or older but not able to understand what your hearing is about
The IAD can then appoint a
designated representative for you. A designated representative is not the same as a counsel. A designated representative is a person who is responsible for making decisions in your best interests. They will also explain the hearing process to you.
See
Designated representatives for more information.
Tell us if you need help to participate in your hearing
Some people may benefit from a change to how they participate in the appeal process (we call these accommodations). Reasons may include:
- disability or mental illness
- neurodiversity
- low literacy
- age, such as minors and the elderly
- sexual orientation, gender identity and expression, and sex characteristics
- past or continuing trauma
- any other personal reasons you may have
If you or your counsel think that you may need an accommodation, contact the IAD office that is dealing with your case. You will find the contact information in all letters from the IAD. For the IAD to consider an accommodation, your request must:
- be made as early as possible
- specify the accommodation needed
- be provided to all parties
Learn more about procedural accommodations in
Chairperson’s Guideline 8: Accessibility to IRB Proceedings — Procedural Accommodations and Substantive Considerations.
Paid counsel
An immigration appeal can be complex. While you can represent yourself, you may wish to hire, at your own expense, an
authorized counsel. ‘Authorized’ means that your must belong to one of these
Canadian organizations:
Make sure that your counsel is ‘in good standing’ with their Canadian professional organization. That means that they are allowed to practise.
This rule about authorized counsel applies even if you are appealing from outside Canada.
Unpaid counsel
Your counsel does not have to be a lawyer, paralegal, notary, or immigration consultant. They could be an friend, relative, or trusted member of your community. However, they cannot be paid or receive any other form of compensation, such as a gift. An unpaid counsel can also be outside Canada.
An unpaid counsel cannot be a witness at the hearing.
Tell the IAD who is representing you
If you have a paid counsel, use the
Counsel Contact Information form to tell the IAD what professional organization your counsel belongs to. Give their membership identification number.
If you have an unpaid counsel, complete and send a
Notice of Representation without a Fee or Other Consideration.
No matter who represents you, they must be prepared to respond to all IAD requests and attend your hearing or conference.