Terms you need to know
In this type of appeal, we call the Minister of Public Safety, the Minister or the
appellant. As the person responding to the appeal, you are called the
respondent. You and the Minister are the
parties to the appeal. The Minister is represented by an officer from the Canada Border Services Agency. This person is called the
Minister's counsel.
The person who hears the appeal and makes a decision is a
member of the IAD tribunal.
Your role as the respondent
When the Minister appeals, they disagree with a decision made by the Immigration Division. The Minister must prove that the decision should be changed.
In the Notice of Appeal, the Minister explained why it believes the decision is wrong. For you to win the appeal, you will need to show how the law and evidence supports your case. You can use evidence to prove your case. The evidence comes from:
- what was said at the Immigration Division hearing
- information in the documents submitted at the Immigration Division hearing (the Immigration Division provides these documents to the IAD and the parties)
- what you say at the IAD hearing
- what your witnesses say
- information in the documents you and Minister's counsel submit to the IAD
We have prepared helpful guides for you that explain how to prepare your case. You will notice that these guides are written as if you are making the appeal. In your situation, you are responding to an appeal. However, the information you should prepare to support your case is similar.
What is different in a Minister’s appeal
Humanitarian and compassionate reasons apply only if:
- you are a permanent resident or a protected person, and
- you have not been found inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality with a sentence of at least 6 months, or organized criminality
Choose the guide that applies to your situation:
It is important to read the guide because it describes the type of information that will help support your case. Even if there is no guide that deals with the grounds of inadmissibility in your case, reading a guide will help you understand the kinds of evidence an IAD member will consider and this may assist you in opposing the Minister's appeal.
Read the appeal record
When the IAD receives the Minister's Notice of Appeal, it will ask for all the information about the Immigration Division's decision. This is called the appeal record. The Immigration Division has 30 days to send the appeal record to you and the IAD.
In the appeal record you will find information that will help you prepare your case. It is important that you read the appeal record.
Send your disclosure
Documents and other information can help you prove your case. Providing documents is called
disclosure of evidence.
The IAD and the Minister’s counsel must receive your disclosure (or a statement that you do not want to provide documents)
no later than 60 days after you have received the appeal record. You will receive a letter from the IAD to confirm the due date for your disclosure. You must provide all the documents you want to use in your case before the due date. If you need more time to submit your disclosure, you should make a request and explain why you need more time.
To prepare the documents, follow the steps in the guide
Preparing and disclosing documents for your appeal.
No disclosure provided
You must tell the IAD in writing if you do not want to provide documents for your case. If you or your counsel do not send disclosure and do not inform the IAD that you do not intend to send disclosure, the IAD can decide the appeal on the basis of the documents already provided.
Late disclosure
If you disclose documents late, you may not be allowed to use them at the hearing unless the member who is hearing the appeal allows it. You will need to explain why these documents are late and why they are important to your case. The member will consider factors such as:
- Were you able to provide the document on time?
- Are the documents relevant to the issues in your case?
- What is the reason for the delay in providing the documents?
Documents in response to evidence
You may provide a document in response to evidence provided by another party. You may do so even if the due date for disclosure has passed. You must provide this document in response no later than 30 days before your hearing date. The member hearing your case will assess if this document is in response to another document.