Immigration Appeal Division (IAD) established a Working Group in July of 1997, which was commissioned to study the feasibility of introducing ADR into the IAD’s adjudication process. The IAD’s ADR Program was launched in July 1998 in Toronto after one year of intensive consultation, planning and development. Further study and refinement permitted expansion of the program to Vancouver in April 2000. Following implementation of the new Immigration and Refugee Protection Act (IRPA) in June 2002, the ADR process was implemented in Calgary and Montreal in 2003, as well as in Ottawa in 2004.
The main objective of the ADR Program is to achieve early resolution for parties involved in the appeal process. As a practical alternative to the litigation process, which employs full, oral hearings, ADR is applied to cases that can be dealt with, according to a single process. ADR offers an “informal, less confrontational and more consensual” approach to dealing with the IAD’s appeals.” In this way, the ADR Program is considered a quick, simple and fair route to a resolution.
The ADR process at the IAD usually involves an in-person meeting. An ADR Conference is usually scheduled to last for one hour. The IAD assigns a member to act as a dispute resolution officer (DRO) for each appeal that is selected for the ADR process.
The role of Minister’s counsel is to represent the public interest and attempt to ensure that justice is done. A crucial difference between the role of Minister’s counsel in the hearings process versus the ADR process is that an ADR approach requires parties to operate in a proactive manner by searching for a resolution that will avoid a hearing.
CBSA hearings officer’s represent IRCC and act as Minister’s Counsel during alternative dispute resolution (ADR) meetings and appeal hearings at the IAD. CBSA officers are also involved with investigating potential cases of fraud and conducting removals of people who are deemed inadmissible to Canada.
Having over 25 years of experience, Rajpal Singh Hothi represents his clients in Alternative Dispute Resolution (ADR) conferences with a very high success rate.
Immigration Division (ID)
Immigration Division (ID) has two main functions: to conduct admissibility hearings and detention reviews. If Canada Border Service Agency (CBSA) believes an individual has not followed or contravened the Immigration Act, it will ask the IRB to conduct an admissibility hearing, which will determine if the individual remains or enters Canada. If an individual is detained or held for immigration purposes, the Immigration Division will conduct detention reviews. Detention reviews are done within certain time frames, set forth by IRPA. A member of the Immigration Division will determine if an individual shall be released from detention; releases can also be done by CBSA.
Immigration Appeal Division (IAD)
Immigration and Appeal Division (IAD) conducts appeals relating to residency, sponsorship, or removal orders.
Under the Immigration Appeal Division (IAD), appeals for each application differ slightly:
- You have 30 days to appeal a negative decision;
- Your appeal will be approved or dismissed;
- If your appeal is approved, your case will continue at IRCC for further processing. If you are subject to a secondary refusal, you may begin the appeal process again.
Removal Order Appeals
- You have 30 days to appeal a negative decision;
- Your appeal may be approved or dismissed;
- If your appeal is approved, you may remain in Canada. If your appeal dismissed, you will have to leave Canada;
- Stayed – removal order will be suspended and appellant may stay in Canada under conditions until the stay is reviewed and the appeal is reconsidered.
Residency Obligation Appeals
- You have 60 days to appeal a negative decision;
- The IAD member will hold a hearing;
Appeal may be
- Allowed, permanent resident status restored;
- Dismissed, status will be revoked and, should the appellant be in Canada, a removal order will be issued.
Refugee Protection Division
The Refugee Protection Division (RPD) hears the claims of convention refugees and persons in need of protection, and grants them protection.
A convention refugee is an individual who has a well-founded fear of persecution based on:
- Political opinion
- Membership in a particular social group
A person who is in need of protection is described as someone:
- Who is in danger of being tortured;
- Whose life is in danger; and
- Who is at risk of cruel and unusual treatment of punishment
Under the Immigration and Refugee Board, there are two avenues for the appeal process depending on the type of appeal. Refugee Appeal Division (RAD)
- Claimants may be given the opportunity to prove to the Refugee Protection Division (RPD) that the decisions on their original claim were wrong in fact or law or both;
- Claimants may introduce new evidence that was not available at the time of the initial RPD process;
- Paper-based appeal, oral hearings may be necessary in exceptional cases.
On 23 July 2015, the Federal Court rendered a decision impacting the right to appeal to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB) of Canada for rejected refugee claimants from designated countries of origin (DCO). The decision is available on the Federal Court’s website.