The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) is responsible for hearing appeals related to immigration matters. Here’s an overview of the process, the types of cases handled, and the role of paralegals.
Process in the IAD
Filing an Appeal:
After receiving a negative decision from the Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA), an individual has a limited time (usually 30 days) to file an appeal with the IAD.
The appeal must include the necessary forms and any supporting documentation.
Case Management:
Once the appeal is filed, the IAD schedules a case management conference (CMC) to discuss the appeal's details, streamline the process, and address any preliminary issues.
Hearing:
The appeal is then scheduled for a hearing, where the appellant can present their case. This may include testimony, witness statements, and supporting evidence.
The IAD member listens to both sides (the appellant and, if applicable, the representative from the government) and assesses the merits of the appeal.
Decision:
After the hearing, the IAD will render a decision, which can either uphold the original decision or allow the appeal, possibly leading to a different outcome, such as granting permanent residency.
Follow-up:
If the appeal is denied, there may be options for further legal recourse, such as applying for a judicial review.
Types of Cases Handled
The IAD primarily deals with the following types of cases:
Family Class Sponsorship Appeals: Appeals related to sponsorship applications for spouses, partners, and children.
Removal Orders: Appeals against removal orders issued by the CBSA for individuals facing deportation from Canada.
Residency Obligation Appeals: Appeals regarding the residency obligations of permanent residents.
Role of Paralegals
Paralegals can play a crucial role in the IAD process by:
Preparation: Assisting clients in preparing and filing the appeal, ensuring all necessary documentation is collected and submitted correctly.
Legal Advice: Providing guidance on the appeal process, possible outcomes, and the likelihood of success.
Representation: In some cases, paralegals can represent clients at the hearings, presenting evidence and arguments.
Communication: Acting as a liaison between the client and the IAD, managing correspondence and updates regarding the appeal status.
Research: Conducting legal research to support the appeal, including relevant case law, regulations, and procedures.
Overall, paralegals enhance the efficiency and effectiveness of the appeal process, helping clients navigate complex immigration matters.
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