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Immigration Division Hearing Preparation Guide

The document outlines the preparation steps for an Immigration Division Hearing, including ensuring a flexible schedule, gathering relevant information, and understanding legal precedents. It details the requirements for bondspersons, the implications of failing to adhere to bonds, and various procedural rules for applications, witness information, and hearings. Additionally, it addresses the need for interpreters, designated representatives for minors, and the protocols for private and public hearings.

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16 views4 pages

Immigration Division Hearing Preparation Guide

The document outlines the preparation steps for an Immigration Division Hearing, including ensuring a flexible schedule, gathering relevant information, and understanding legal precedents. It details the requirements for bondspersons, the implications of failing to adhere to bonds, and various procedural rules for applications, witness information, and hearings. Additionally, it addresses the need for interpreters, designated representatives for minors, and the protocols for private and public hearings.

Uploaded by

North by North
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Preparing for an Immigration Division Hearing

 Preparations for an ID Hearing


 Admissibility Hearing + B. Detention Reviews

1) Ensure that you have a flexible schedule


2) Obtain any information and documentation related to your client’s circumstances
3) Evaluate the relevancy and accuracy of those allegations of the Minister to determine how to
address those concerns.
4) Familiarize yourself with leading Federal Court of Canada, Federal Court of Appeal or Supreme
Court of Canada cases by reviewing the IRB’s ID decisions regularly.

 Proposal for Release


- Information about any bondspersons and what guarantees they can offer
- A bondsperson must:
1) Be a Canadian citizenship or PR
2) Be trustworthy
3) Do their best to make sure your client respects and adheres to the conditions of your client’s
release
- Consider what funds your bondsperson has immediately available for a cash bond.

 Failure to adhere to bonds


- CBSA may arrest your client and the sureties would be forfeited or forfeitable

 Practice Notices & Chairperson’s Guidelines


 Making application

 Divisional Rules & Applications


 Type of Applications

37. General Provision – How to make an application


38. Application to the Division – how to respond to a written application
39. Responding to a written application – How to reply to a written response
40. Replying to a written response
An ID Member will decide if an application is reliable, credible and/or trustworthy

Rule 14. Withdrawing Counsel on Record


According to Article 11, RCIC Code of Professional Ethics, you may need to withdraw from
representative if:
-Your client discharged you
-Your client instructed you to do something illegal or that goes against your Code
-There is a conflict of interest
-You’re not competent
-Your client did not pay you

Rule 17 requesting an interpreter


1) If you client or your witness requires an interpreter
-You must notify the id and the Minster in writing
-Specify the language and dialect of interpreter
2) As the Proceeding, the interpreter must take an oath affirming they will interpret accurately
3) Notice must be given
-As soon as possible (48 hour & 7 day)
- At least 5 days in advance for all other cases

Rule 19 Designated Presentative


1) A DR can be appointed if
-Your client is a minor
Unable to appreciate the nature of the proceedings
2) Note:
- Not all vulnerable persons would be entitled to a designated representative (DR) if they can appreciate
the nature of the proceedings

Rule 25 Language of documents


1) Documents are required to be translated into English or French
2) Translations must be accompanied by a translator’s declaration

Rule 32 Providing Witness Information


Provide certain witness information will be provided in written as soon as possible, in the case of 48-
hour or 7-days for detention review or the inadmissible on the same day. For other cases, the witness
information must be received by the parties at least 5-days ahead then the hearing.
1) Purpose and substance of the testimony
2) Time needed to the witness’s testimony
3) Relationship of the witness to your client
4) Description of the witness’s qualification if an expert witness
5) If the witness will testify by videoconference or telephone
6) The number of witness

Rule 33 A Summons
To require a person to testify:
1) Submit an application to summon your witness is writing
2) The ID will consider issuing a summons based on the necessity for that testimony and the person’s
ability to testify
3) Your client will be expected to pay or offer to pay the summoned person
4) The party seeking the summons is required to deliver it to the witness

Rule 41 Non- disclosure of Information


1) This application prohibits disclosure of information during an admissibility hearing
2) Must be made in writing as soon as possible
3) If this type of application should occur, you should consult a lawyer for assistance

Rule 42- Changing the location of a hearing


1) You or the Minster can make an application to the ID to change the location of a hearing
2) If you do not hear back from the ID, the hearing date, time and location will remain

Rule 43- Changing the date of time of a hearing


1) There may be times in which you need to make an application to change the date of a hearing
2) Applications are not always accepted by the ID
3) Be prepared to have another
4) Be prepared to have another representative that can appear in your absence

Rule 44- Joining or separating hearings


Circumstances to join or separate hearings:
1) Siblings with separated hearing with the same circumstances
2) Could result in greater efficiency for the ID if the applications were join
Factors the ID considers:
1) Relevance of the information
2) If the hearing have similar questions lf law of fact
3) Efficient administration of the work of the Division
4) If the application would cause an injustice
Rule 45- Proceedings conducted in private
Private hearings should be requested when:
1) It involves a refugee claim
2) There are security concerns
3) Part of a hearing is sought to be private or designated confidential

Rule 46- Proceedings conducted in public


Public hearings should be requested when:
1) The application must be done in writing
2) State the reasons
3) Included any evidence you want the division to consider

Main Menu
1- Overview of the ID
2- Preparing for an ID hearing
3- Representing clients at ID haring

Common questions

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For detention reviews and inadmissibility cases, witness information must be provided as soon as possible or at least 5 days ahead for other cases, including the purpose of testimony, the witness's relationship to the client, and whether they will testify in person or remotely. This ensures the proceedings are informed and that parties have adequate time to prepare .

Notify the ID and the Minister in writing as soon as possible, specifying the required language and dialect. The interpreter must take an oath for accurate interpretation. Notice should be given at least 5 days in advance for regular cases, and in expedited cases, as soon as possible ().

Confidential hearings should be requested when involving a refugee claim, if there are security concerns, or if part of the hearing is designated confidential. Public hearings require written applications, stating the reasons and evidence for public access .

A client needs a designated representative if they are a minor or unable to understand the nature of the proceedings. However, not all vulnerable persons are entitled to a DR if they can appreciate the proceedings' nature .

Hearings can be joined or separated based on sibling relationships, efficiency, and relevance of information. Considerations include if hearings have similar legal or factual questions, potential administrative efficiency improvements, and whether joining them could cause injustice .

Key steps include ensuring a flexible schedule for hearings, obtaining and evaluating relevant information and documentation concerning the client’s circumstances, evaluating the accuracy of allegations made by the Minister, and familiarizing oneself with relevant case law from the Federal Court of Canada, Federal Court of Appeal, or Supreme Court of Canada by reviewing ID decisions regularly .

The ID member considers the relevance and accuracy of the information, how well the application aligns with previous judicial decisions, and any evidence supporting the application's claims .

Documents must be translated into English or French, and the translations should include a translator’s declaration stating their accuracy .

The bondsperson plays a critical role in the proposal for release as they provide guarantees for the detainee's compliance with release conditions. They must be a Canadian citizen or permanent resident, be trustworthy, and have sufficient funds for a cash bond .

Withdrawal might be necessary if the client discharges the counsel, instructs them to perform illegal acts or acts against the professional code, if there is a conflict of interest, the counsel is not competent, or if the client fails to pay for services .

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