You will provide your account of what happened
When you testify, you will provide your version of events and an explanation of the case’s facts. You will be asked to confirm that you will tell the truth by the IAD Member before you proceed. Keep in mind that you are not required by law to take a religious oath, but you are welcome to do so if you choose. You will need to bring your own sacred text. In addition to sharing your version of events, you could ask the IAD Member to ask questions that they believe are crucial to reaching a decision. It is strongly advised that you have legal representation as they will ask pertinent questions regarding the appeal.
Keep in mind that, like the Minister’s counsel, you have at least 20 days prior to the appeal hearing to present documentary evidence. Additionally, both parties have at least ten days prior to the hearing to respond to the documentary evidence. Since the IAD Member will already have this evidence, you are not required to review it during the hearing, however, you are welcome to refer to it in your submissions.
The Minister’s Counsel will examine you, and testimony will be provided by witnesses
After you testify to the Ministers, the attorney will have a chance to ask you questions about your presentation. You should anticipate that the Minister’s attorney will attempt to find flaws in the oral testimony you provided. Witnesses are permitted under IAD rules. These could be friends, family, co-workers, or anybody else you think could help your cause. Witnesses who are not in Canada may testify over the phone or in person. Additionally, witnesses could be called by the minister’s attorney. Questioning of the witnesses during the oral presentation is open to both parties. If you do not have legal representation, you can question the witness or ask the IAD member to ask questions that they believe will help them reach a decision.
Translation by interpreters if required
If you are not comfortable with official languages, English or French, an interpreter request can be made by providing language and dialect.
Submissions by both parties
Following your testimony and the completion of the witnesses, the IAD Member will instruct you or your immigration appeals attorney to present arguments or submissions. This essentially serves as an overview of the oral and written arguments as well as a description of the legal justifications for your appeal’s approval. The Minister’s attorney will then be asked to submit their arguments, which will usually be against the appeal being granted by the IAD Member. You will have the chance to reply to the Minister’s arguments.
Decision by the IAD Member
According to IAD regulations, the IAD Member must decide no later than ninety days after the appeal hearing. Depending on the complexity of cases, the decision may occasionally be made right after the appeal. If the decision is not made right away, you will receive it by mail.
Who is eligible to appeal?
- Permanent Residents (in contrast to removal orders and denials of residency).
- Sponsors: Permanent Residents and Canadian Citizens (against the denial of PR visas to family members).
- Foreign nationals with a current permanent residence visa.
- Convention Refugees and Protected Persons.
- Ministers
How CityLaw can help?
We have experience assisting clients with appeals to the Immigration Appeal Division. We are available to help at every stage, including preparing the notice of appeal, obtaining and submitting the necessary evidence, preparing submissions, preparing witness testimony, and offering representation during the actual hearing. Our firm takes great pride in the success we have had in appeals because of our meticulous appeal file preparation and in-depth understanding of the relevant legislation and case law. Kindly get in touch with CityLaw if you need help at the Immigration Appeal Division.