Who will be at your hearing
- the IAD member who will decide the appeal
- you and your counsel if you have one
- the Minister’s counsel
- any witness that you have asked to testify or give evidence
- any witness that the Minister’s counsel has asked to testify or give evidence
- an interpreter if you or a witness needs one
- a designated representative if you need one
1. Remember to connect or arrive early
Make sure that you, your counsel, and your witnesses are ready to attend before the hearing starts. Your Notice to Appear will tell you what time you should attend. Make sure that you have all the documents you need.
2. The member will open the hearing
The IAD member will manage the hearing. If you do not have a counsel, the member will guide you through the process. However, the member does not represent you. They are neutral. They are focused on getting information from you and the Minister’s counsel. This is so that the member can make a decision on your case.
3. You will testify
In most cases, the Minister’s counsel will call you as the first witness to testify. Before you speak, the member will ask you to promise to tell the truth. If you wish, you can use your own holy book to swear upon.
The Minister's counsel will ask you questions about the facts of the appeal. They can also ask questions about the documents filed by the Minister or by you.
If you have a counsel, they will then ask you questions. If you do not have a counsel, the member may ask you questions to clarify your testimony. You may also tell what you think is important about the facts of the appeal. The member can ask you questions needed to help decide your appeal at any time during the hearing.
4. Witnesses will testify
Witnesses will be asked to wait outside the hearing room until they are called to testify. If the hearing is held virtually, witnesses should not be in the same room or be able to hear you when you are testifying. When they join the hearing, the witnesses must also promise to tell the truth.
Your counsel will question your witnesses. If you do not have a counsel, you should be prepared to ask your witnesses questions. The member can ask your witnesses questions needed to help decide the appeal.
The Minister's counsel will also be able to ask your witnesses questions in cross-examination.
After the Minister’s counsel asks their questions, you or your counsel will have one more opportunity to ask questions of your witnesses. But these questions would only be to clarify answers that the witnesses gave to the Minister’s counsel.
The Minister may call additional witnesses. After the Minister’s counsel asks their questions to their witnesses, you or your counsel will also have the opportunity to ask them questions.
5. Closing arguments
After all the witnesses have finished, the member will ask the Minister’s counsel to make final
arguments or
submissions. This means explaining why they think the evidence shows that the member should allow the appeal.
You or your counsel will also make submissions to explain your position. This means explaining why you think the evidence shows that the member should dismiss the appeal and decide in your favor.
Closing arguments are usually made orally (spoken) at the end of the hearing. But sometimes the member asks for the arguments in writing after the hearing is finished. If this happens, the IAD will tell you how and when to provide your written submissions.