Under IRPA subsection 63(5), the Minister may appeal a decision of the Immigration Division made at an admissibility hearing to the Immigration Appeal Division (IAD). The person concerned then responds to the Minister’s challenge.
What should be reviewed
- The Immigration Division decision and reasons
- The Minister’s Notice of Appeal and alleged errors
- The underlying inadmissibility allegation and evidentiary record
- Questions of law, fact, jurisdiction and procedural fairness
- The consequences for immigration status and enforcement if the Minister succeeds
Current appeal-record rule
Under the current IAD Rules, the Immigration Division or Minister generally has 30 days to provide the appeal record in removal-order and Minister’s appeals.
Responding to the appeal
Preparation can include documentary evidence, legal submissions, witness preparation and representation at the IAD hearing. The response should address the precise errors alleged by the Minister and the findings made by the Immigration Division.
Related admissibility and appeal proceedings
A Minister’s appeal can have serious consequences for status and enforcement. Review the underlying immigration inadmissibility allegation together with the broader IAD appeal framework. If a later Federal Court remedy must be assessed, proceedings through Fourth Dimension Immigration are handled by FDI’s in-house lawyer authorized to practise before the Court.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.