Additional Changes to the Appeal Process
On March 1, 2016, the IAD has introduced additional changes to the Appeal Process. The primary aim of the amendments is to reduce the number of delays for people who are waiting for the decision on their appeals.
Additional changes also include the cancellation of a stay of a removal order under subsection 68(4) of the Immigration and Refugee Protection Act (IRPA).
Current Process
Based on Immigration and Refugee Board of Canada regulations, the IAD has resolved a removal order appeal where the appellant was found inadmissible for serious criminality or criminality by staying the removal order, and the appellant is convicted of another serious criminality offence described in subsection 36(1) of the IRPA, subsection 68(4) works to cancel the stay by operation of law and the appeal is terminated.
According to IAD Rule 27(1), if the stay of removal is cancelled under subsection 68(4), the Minister is obliged to provide written notice of cancellation to the IAD and the appealing party.
Based on the recent amendments, the IAD will contact both parties to make written submission whether the removal stay is canceled and the appeal terminated. Generally, the appellants either fail to response or submit the responses that are not related to the subsection 68(4) but to humanitarian and compassionate issues.
The IAD is not entitled to deal with humanitarian and compassionate issues in these circumstances.
Introduced Changes to the Appeal Process
Since March 1, 2016, the IAD does not have to ask the parties for written submission of a notice of cancellation. As an alternative, the notice of cancellation and any other additional documents will be forwarded to a member for a decision 15 days after the IAD receives the notice from the Minister.
If a member determines that subsection 68(4) applies to the case, the stay is cancelled by operation of law and the appeal is terminated. Thus, parties will be provided with a notice of the decision and the reasons for termination of the appeal.
If a member determines that subsection 68(4) does not apply to the case, the notice of the decision will be provided to the parties, stating the conditions to continue the stay of the removal.
If a member determines that submission is necessary to proceed with the appeal, the parties will be asked to provide written submissions.
