If your appeal cannot be resolved informally, you will be invited to an oral hearing.
The Immigration Appeal Division (IAD) will contact you or your counsel to schedule your hearing. After you have received the proposed date, you have two days to advise if you are not available.
Once you agree to a hearing date, you must be ready to go ahead on that date and at that time. This is true even if you decide to hire a counsel after the hearing date is set.
Getting your Notice to Appear
After your hearing date is set, you will receive a
Notice to Appear. This notice tells you the date, time and whether your hearing will be virtual or in person. Appeal hearings can take place virtually using Microsoft Teams, in person, or by telephone. Instructions on how the virtual hearing will proceed will be provided to you.
In-person hearings are held at many locations across Canada. If anyone involved in the appeal cannot attend in person, they will be able to participate by telephone or on Microsoft Teams.
What to do if you cannot attend on the hearing date
If you or your counsel cannot appear on that date, or you are not ready to present your case, contact the IAD right away. This is called
requesting a postponement. These requests are granted in exceptional circumstances.
- Send an email, letter, or fax to the IAD. State your appeal file number at the top.
- Explain why you need to change the date or time of your hearing. You must have very good reasons or the IAD will not allow you to change the date or time.
- List at least six dates when you are available for the rescheduling of your hearing.
- Provide the Minister's counsel with a copy of your postponement request. You will find their contact information in letters you have received from the IAD.
- Write a statement of how and when you provided your postponement request to the Minister's counsel. Include it with your letter to the IAD.
- Send your request to the IAD. The contact information is in letters you have received.
The IAD must receive your letter requesting a postponement
at least 3 working days before the original date scheduled for the hearing.
What happens if your request to reschedule is denied
If the IAD denies your request, you must be ready to go ahead with your appeal on the original date scheduled. If you do not attend the hearing, your appeal may be dismissed or declared abandoned. This would mean that your appeal is over and the original decision that you are challenging does not change.
If your request to reschedule arrives late (within 3 working days before the hearing), or you do not hear back from the IAD, you will need to attend your scheduled hearing. At the beginning of the hearing, you can ask again for a change in the date or time. But if the Member denies your request, be prepared to go ahead with the hearing. That means you should have all your documents with you. Your counsel, if you have one, should also be present. So should any witnesses you have.