Documents can be part of your evidence that may help you succeed in your appeal. Sharing your documents is called
disclosure. Here is a step-by-step guide to the rules you must follow when you prepare documents to disclose in your appeal.
If you do not follow these rules, you may not be allowed to use your documents in your appeal.
Before you start:
The types of documents that might help your appeal depend on the reasons why your case was originally denied. The instructions
Preparing your case for the IAD describe some of the more common types of appeal and what information might help to support them.
Step 1: Translate your documents
Your documents must be in either English or French. If you have a document that is
not in English or French, then you must send a:
-
copy of the original document in the language it was written
-
translation of the document into English or French
-
translator's declaration. The person who translated the document must
sign and date a statement saying that they accurately translated the entire document from the language in which it was written into English or French.
The translator cannot be someone who has an interest in the outcome of the appeal. For example, you cannot translate the documents yourself or ask a friend or relative to do it.
Step 2: Organize your package of documents
- Any document prepared just for the appeal, such as a submission or report, must be typed. Keep the original and send a copy.
- You may have other documents, such as personal letters, photos, or money transfer receipts. These should be copied or scanned at “letter” size (8 ½ x 11 inches / 21.5 cm. by 28 cm.) in PDF format.
- Put all the documents you want to disclose in the order you want them to appear. Give each document a number (1, 2, 3, 4...). Write the document number on the first page of each document.
- Number the pages in the package
continuously. For instance, if the first document has 3 pages, number them 1, 2, 3. If the next document has 4 pages, continue on with numbering the pages 4, 5, 6, 7. And so on.
- Make a list of the documents you are disclosing. List the document's number with a name that describes what it is about.
- Write your IAD file number and your Unique Client Identifier (UCI) number on the first page of your package of documents. You can find these numbers on the first page of all letters that the IAD sends to you.
- Keep a complete set of the original documents in a safe place. You will need this at the hearing.
Step 3: Send documents to the IAD and to the Minister's counsel
- You must send a
copy of your document package to the IAD
and a copy to the Minister's counsel.
Important deadlines
In most cases, 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
by the due date stated in the letter from the IAD.
Need more time? You should make a request and explain why you need more time to submit your disclosure. If you are mailing documents from outside Canada, be sure to consider the extra time it will take for them to be received on time by the Section.
Late disclosure
If you disclose documents late, you cannot use them at the hearing
unless the member who is hearing your appeal allows it. You will need to explain why these documents are late and why they are important to your appeal.
If possible, send documents by email
The IAD prefers that you send your document package by email, as an attachment, in PDF format. If you can do this, you do not have to send a paper copy.
The total file size of your email, including all attachments, cannot be more than 12MB (megabytes). If your document package is too large, send it on paper, or
contact the IAD office serving your region for advice.
After you send your email, the IAD will send an automated reply that it was received.
If your email does not comply with the following rules, the IAD may return it to you. You will have to send it again correctly.
- Provide all your documents in
one PDF file. The paper size should be 8 ½ x 11 inches (21.5 cm by 28 cm). Scanned signatures are accepted for documents that legally require a signature, as long as you have the original. Typed signatures are okay for other documents.
- Address your email to both the IAD and the Minister's counsel in the
same email. You can find both email addresses in letters you have received from the IAD.
- In the subject line, write your name, the IAD file number, and the UCI number. These numbers are at the top of letters you receive from the IAD.
- Attach your document package to the email.
Note: If you are emailing a form (such as the Notice of disclosure) at the same time as your disclosure package, attach it as a
separate PDF.
You may also send documents by mail, fax, or courier
If you are not able to send your disclosure documents by email, you can send them on paper by regular mail, registered mail, fax, courier, or in-person delivery.
- Print or photocopy your documents
on one side only on 8 ½ x 11 inch (21.5 cm by 28 cm) paper. Follow the steps above for organizing your disclosure package.
- Include a written statement saying how and when you sent the documents to the Minister's counsel. You can use the
Notice of disclosure form to provide your written statement.
Example: “I submitted these documents to the Minister's counsel at [address] on [date] by [delivery method]”.
- Send one copy of the whole disclosure package to the IAD and one copy to the Minister's counsel. The addresses are in the letter you received from the IAD.
Note: If you send your disclosure package by
fax, you can only transmit 20 pages at a time. You will find the fax numbers for the IAD and the Minister's counsel in the letter you received from the IAD.
References for these rules
Rules 24 to 41 of the Immigration Appeal Division Rules
See
Practice notice: communicating by email at the Immigration Appeal Division (IAD) for more information.