Latest Update on Canada Immigration – Appeal Rules are Changing from January 14, 2023

The Immigration Appeal Division (IAD) of Canada is going to update the new changes from January 14, 2023. These rules will be replaced the old rules which were implemented in the year 2002. The reason for the changes going to be implemented is Canada Immigration would like to modernise the processing of appeals. Moreover, the authorities also would like to ensure that the appeals should be handled more effectively, equitably, and in compliance with the law by the IAD.

The Tasks of the Canada Immigration Appeal Division

There are plenty of candidates who wish to apply for Canada Permanent Residency and receive the invitation as well. However, sometimes despite submitting the relevant documents they received refusals. Now there are plenty of people who think, they cannot do anything about their refusal but that is not right. In such a scenario, the Immigration Appeal Division (IAD) come into the picture. The IAD is an associate body of the Immigration and Refugee Board of Canada (IRB). You may represent your case to the IAD if you are not satisfied with the decision of the Canadian Immigration officer. On the given below refusals, you can appeal,

• Family Sponsorship Refusals
• Canada Permanent Residency (PR) obligation appeal,
• Removal orders like departure, exclusion, and deportation from Canada, and
• The minister’s appeal

Key Changes About to Come

• A Change in the time limit for submitting appeal records:

  • In sponsorship and residency obligation appeals, the minister now will have 60 days to send the appeal record. Previously it was 120 days. The information must be submitted in full, in case of refusal of an application submitted to IAD by the appellant.
  • Change of time is also going to implement on the order of removal and minister appeals. As per the upcoming changes, there will be only 30 days Immigration Division has to deliver the appeal record, which was 45 days previously.

• A Change in the Time Limit for Disclosing Supportive Papers of an Immigration Appeal:

  • As per rules 24(1) and 26, the appellant will now have 60 days to present the supportive documents after obtaining the appeal record. A hearing was scheduled 20 days before the previous rule.
  • In addition, as per rule 24 (2), if the appellant does not wish to submit any documents in response to IDA for their appeal, they will have to inform the IDA within the same 60 days.
  • Rule 30 indicates that if the appellant fails to submit the papers to IDA then further penalties may impose and the appeal gets dismissed as well.
  • Moreover, (Rule 27) indicates that 30 days are also going to extend in the case when the opposition submits any evidence and in response, the appellant needs to represent the papers. Previously it was 10 days only until the hearing.
  • The department must have to check the new criteria before coming to any decision if the candidate fails to submit the said documents within the time limit (Rule 29).

• Other Important Changes

  • To submit witness information time limit is increased by 20 to 30 days before the hearing.
  • As per Rule 55, in the witness information, a concise summary of the purpose and content of the testimony must need to be added according to the new requirement.
  • Those documents used in the informal settlement process remained secret but now it is not secret anymore as they can be utilized in an appeal later on. However, the secret remains there for any topic that is added to the informal settlement procedure (Rules 66 & 67)
  • Previously the amendment in the date and time for the proceeding must be done before 2 days which will now update 3 days prior (Rules 90 and 91).
  • The new rules 74 to 76 will indicate how the hearing should be conducted that also specify. Whereas, new rules 98 to 100 will say about the procedure for reopening an appeal.