Joint Submissions at the Immigration Appeal Division

Meurrens LawImmigration and Refugee Board

It is not uncommon for the Canada Border Services Agency (“CBSA“) to consent to an Immigration Appeal Division (the “IAD”) appeal, and for the applicant and CBSA to make joint submissions. On occassion, the IAD will not accept the joint submissions. There are also occassions where the IAD may signal, either expressly or impliedly that … Read More

Adjourning an Immigration Division Hearing

Meurrens LawImmigration and Refugee Board

Rule 43(1) of the Immigration Division Rules, SOR/2002-229 states: Application to change the date or time of a hearing 43 (1) A party may make an application to the Division to change the date or time of a hearing. Factors (2) In deciding the application, the Division must consider any relevant factors, including (a) in the … Read More

Misrepresentation Cases at the Immigration Appeal Division

Meurrens LawImmigration and Refugee Board

A permanent resident can lose their permanent resident status and be banned from Canada if they commit misrepresentation.  However, they have a right of appeal to the Immigration Appeal Division (the “IAD“).  At the IAD, the permanent resident can argue that the determination that they committed misrepresentation was based on a factual error or mistake … Read More

The Right of Permanent Resident Visa Holders to Appeal to the IAD

Meurrens LawImmigration and Refugee Board

On June 5, 2015, the appellants in Elham Fathy Elsayed Ismail et al v. Minister of Citizenship and Immigration, A-203-15, discontinued their appeal of the Federal Court’s decision in Ismail v. Canada (Citizenship and Immigration), 2015 FC 338 (“Ismail“).  This is unfortunate because the question that Justice de Montigny certified needs to be answered.  That question was: For … Read More