The IAD is not part of Canada’s immigration department, which is called Immigration, Refugees, and Citizenship Canada (formerly Citizenship and Immigration Canada). It is also not part of the Canada Border Services Agency or Public Safety Canada. The IAD makes independent decisions on appeals based on evidence and the law.
As the person making the appeal, you are called the appellant. The person opposing your appeal can be the Minister of IRCC or the Minister of Public Safety, depending on what your appeal is about. The Minister is called the respondent. The Minister is represented by a counsel who comes from the Canada Border Services Agency and is called the Minister’s Counsel. A Member of the IAD hears your appeal and makes a decision.
When the IAD is ready to hear your appeal, you receive a Notice to Appear. This notice tells you when and where your hearing will be. If you cannot appear on that date, or you are not ready to present your case, you must contact the Board immediately
When you are appealing, you are the one who has to prove that the decision was wrong. You can use evidence to prove your case. Your evidence comes from you or your authorized representative, from your witnesses, and from the documents you submit. The Minister’s Counsel can also present evidence, ask questions to you, your witnesses, and other witnesses, and make arguments against your appeal.
You need to try to show how the law and evidence support your case. The Minister’s Counsel will try to show how the law and evidence do not support your case.
If the IAD refuses your request, you must be ready to go ahead with your appeal hearing on the scheduled date and time. If you do not appear, either in person, by video conference, by phone, or other permitted methods, your appeal may be dismissed or declared “abandoned”. This would mean that your appeal is over and the original decision that you are challenging stands.
If you do not receive a decision about your request, or if the IAD receives your letter two working days or less before the scheduled hearing date, the IAD will go ahead with your scheduled hearing. At the beginning of that hearing, you can ask the Member hearing your appeal for a change in the date or time. But your request might not be granted, so you should be prepared to go ahead with the hearing on that day if your request is denied. That means you have to bring all your documents and witnesses with you, even if you don’t want the hearing to go ahead on that day. We are pleased to assist in any kind of refusal under any category, Criminal rehabilitation, appeals, and hearings to IAD (Immigration Appeal Division). Lets’ work together and contact us for any query regarding any immigration advice, we would be happy to provide the best assistance that you have ever had.