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:
Removal Order Appeals
Residency Obligation Appeals
Appeal may be
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:
A person who is in need of protection is described as someone:
Under the Immigration and Refugee Board, there are two avenues for the appeal process depending on the type of appeal.
Refugee Appeal Division (RAD)
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.
For further information, contact us.
Strategic Observation, Fieldwork, Market Research