IMPORTANT INSTRUCTIONS FOR RESIDENCY OBLIGATION APPEAL
June 2006
You have the right to appeal a decision made outside Canada by Citizenship and Immigration Canada (CIC) on your permanent residency obligation, under section 63(4) of the Immigration and Refugee Protection Act. If you wish to appeal the decision, a Notice of Appeal is attached for you to use. This form must be completed in English or in French. You should include in your Notice of Appeal all family members who are included in the CIC decision.
Once you complete the form, you must provide it to the Registry Office of the Immigration Appeal Division (IAD) so that it is received no later than sixty (60) days after you received the CIC written decision. The Notice of Appeal must be provided together with two copies of the CIC decision you are appealing.
The addresses, telephone numbers and fax numbers of the IAD Registry Offices are listed below. You must provide your Notice of Appeal and CIC decision to the IAD Registry Office that serves the province or territory where you last lived when you were in Canada. If you choose to provide these documents by mail, you must allow for 20 days of mailing time (for out-of-Canada mail), and make sure that the IAD Registry Office actually receives the document before the deadline.
Please note that if you wish to participate at your hearing by telephone, the Board generally expects you to pay for the telephone call. If you wish to return to Canada for the hearing of your appeal, you may need a travel document to travel to Canada. Under section 31(3)(c) of the Immigration and Refugee Protection Act, CIC will give you a travel document if you have been physically present in Canada at least once in the past 365 days. If you are not entitled to a travel document from CIC, you may make an application to the IAD for an order under section 175(2) of the Immigration and Refugee Protection Act to enable you to return. Under section 46 of the Immigration Appeal Division Rules, these application documents must be received by the IAD and by the Minister's counsel no later than sixty (60) days after the IAD receives your Notice to Appeal . After considering your submissions and the Minister's submissions, the IAD may order that you be issued a travel document if the IAD member is satisfied that it is necessary for you to be present at your appeal hearing.
You have the right to be represented by counsel, at your expense. If counsel charges you a fee, the counsel must be a member in good standing of either a provincial law society, the Chambre des notaires du Québec, or to the Immigration Consultants of Canada Regulatory Council (ICCRC). If you have retained counsel, please notify the Immigration Appeal Division of your counsel's contact information (name, address, telephone and fax numbers, e-mail address, and for counsel receiving a fee or receiving other consideration, their membership identification number and the name of the organization they belong to). You must notify the Immigration Appeal Division, in writing and without delay, if the contact information for you or your counsel changes.
Immigration Appeal Division Registry Offices
IF YOU RESIDED IN: Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland, Labrador and Ottawa
Registry Office – Montréal
Immigration and Refugee Board of Canada
Immigration Appeal Division
Guy-Favreau Complex
200 René Lévesque Blvd. West
Montréal, Québec
H2Z 1X4
Telephone: (514) 283-7733
Fax: (514) 283-0164
IF YOU RESIDED IN: Ontario (except Ottawa)
Registry Office – Toronto
Immigration and Refugee Board of Canada
Immigration Appeal Division
74 Victoria Street
Toronto, Ontario
M5C 3C7
Telephone: (416) 954-1000
Fax: (416) 954-1165
IF YOU RESIDED IN: British Columbia, Alberta, Yukon, Nunavut, Northwest Territories, Manitoba, Saskatchewan
Registry Office – Vancouver
Immigration and Refugee Board of Canada
Immigration Appeal Division
300 West Georgia Street, 16 th Floor
Vancouver, British Columbia
V6B 6C9
Telephone: (604) 666-5946 or 1-866-787-7472
Fax: (604) 666-3043
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