An appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board is heard again from the start. The member can look at documents and testimony the officer never saw, and judges the situation as it stands on the day the appeal is decided. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents appellants before the IAD. Below are the three grounds a member can allow an appeal on, the deadlines in the IAD Rules that control which evidence gets in, and what changes between sponsorship, removal-order and residency-obligation appeals.
The three grounds a member can allow an appeal on
“To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time that the appeal is disposed of …”Immigration and Refugee Protection Act, s. 67(1)
The words “at the time that the appeal is disposed of” matter: a marriage that has lasted longer, a child born since the refusal or years of work in Canada can all be put before the member.
Wrong in law or fact
The decision was wrong in law, in fact, or in mixed law and fact. A foreign conviction matched to the wrong Canadian offence is one example: the match decides whether the conviction makes a person inadmissible at all.
Natural justice
A principle of natural justice was not observed, for instance a refusal based on information the applicant was never given a chance to answer.
Humanitarian grounds
Taking into account the best interests of a child directly affected, sufficient humanitarian and compassionate considerations warrant special relief. In a sponsorship appeal the member reaches this ground only after finding that the person sponsored is in the family class and the sponsor qualifies (IRPA s. 65).
What the member weighs in each type of appeal
| Appeal | What the hearing turns on | Notice of appeal due |
|---|---|---|
| Refused family sponsorship | Whether the marriage or common-law relationship is genuine, and whether it was entered into primarily to gain status (IRPR s. 4(1)). Both partners usually testify, and their accounts are compared detail by detail. | 30 days after receiving the decision and reasons (IAD Rules r. 16(a)) |
| Removal order against a permanent resident | Whether the order is valid in law; then the humanitarian side: years in Canada, family here, children affected, hardship on return. There is no appeal where serious criminality was punished in Canada by a term of at least six months (IRPA s. 64(2)). | 30 days after receiving the removal order (r. 16(b)) |
| Residency obligation | Days physically present in Canada against the 730 days in five years set by IRPA s. 28, and why the person was away. | 60 days after receiving the decision and reasons (r. 16(c)) |
The IAD Rules clock: what has to arrive, and when
- Notice of appeal30 or 60 days after the decision, by appeal type (r. 16).
- Appeal recordThe Minister sends the file the decision was based on. Its receipt starts the evidence clock.
- Appellant’s documentsReceived by the Division within 60 days of receiving the appeal record (r. 26).
- Witness detailsReceived at least 30 days before the hearing date (r. 55(3)).
- Reply evidenceDocuments answering the other side’s evidence, at least 30 days before the hearing (r. 27).
A document that misses these limits can be used only if the Division allows it. Rule 29(2) lists what the member considers: the document’s relevance and probative value, whether the deadline could have been met with reasonable effort, prejudice to the other party, and how promptly the request was made. If neither the documents nor the written statement required by rule 24(2) arrive within the rule 26 limit, rule 30 lets the Division declare the appellant’s appeal abandoned.
Preparing the evidence and the witnesses
- A translation for every document that is not in English or French, with a statement signed by the translator giving their name and the language translated (rules 33 and 34).
- For each witness, in writing to the Minister and the Division: contact information, the purpose and substance of the testimony, the time needed, the relationship to the appellant, and whether they will testify remotely (r. 55(1)).
- An expert witness, such as a psychologist, also needs a description of qualifications and a summary of the testimony signed by the expert (r. 55(1)(f)).
- An answer to each reason the officer gave. The reasons are in the appeal record, and the new evidence is chosen to meet them one by one.
- In a sponsorship appeal, the history of the relationship told the same way by both partners, backed by records spread over time: messages, travel, visits, photographs with family.
- In a removal-order appeal, proof of the life built in Canada: employment, tax returns, school records of children, letters from people who know the appellant.
On the hearing day
A single member hears the appeal, in person or by video. A hearings advisor from the Canada Border Services Agency represents the Minister and may cross-examine the appellant and every witness. Many sponsorship appeals are first offered an alternative dispute resolution (ADR) conference; what is discussed there stays confidential and cannot be used later in the appeal (r. 66). If an appeal is dismissed, the routes that remain are judicial review at the Federal Court or a new application. Our legal team assists with the full range of your matter, including applications filed with IRCC. To have an appeal reviewed against these rules, use the free assessment or call (416) 835-6989.
Questions about evidence at an IAD hearing
Can new evidence be added at an IAD appeal?
Yes. The member is not limited to what the officer had, and section 67(1) of IRPA looks at the circumstances when the appeal is decided. The documents still have to reach the Division within the limits of rules 26 and 27 of the IAD Rules.
What happens to a document that arrives after the deadline?
It can be used only with the Division’s permission. Under rule 29(2) the member weighs its relevance and value, whether the deadline could have been met with reasonable effort, prejudice to the other party, and how quickly permission was asked for.
Do foreign-language documents need a translation?
Yes. Rule 33(1) requires an English or French translation with each document in another language, together with a written statement signed by the translator. Rule 34 sets out what that statement contains.
Rules quoted in this article
- Immigration and Refugee Protection Act: ss. 28, 64(2), 65, 67(1)
- Immigration and Refugee Protection Regulations: s. 4(1)
- Immigration Appeal Division Rules, 2022: rules 16, 24, 26, 27, 29, 30, 33, 34, 55, 66
- Immigration and Refugee Board of Canada
This article is general information about IAD procedure and is not legal advice. Reading it does not create a paralegal-client relationship; each appeal depends on its own facts and record.
