I have a deportation order for a criminal conviction. What can I do?

3. Prepare for your appeal hearing

The Immigration Appeal Division (IAD) decides your appeal based on the at your hearing. You need to show why you should not be . And you have to follow the rules about appeals to the IAD.

Gathering evidence for your appeal hearing

Step 2 gives examples of what factors the IAD considers when deciding your appeal. The evidence you bring helps them decide how those factors apply to you.

A lawyer can help you decide what kind of evidence to use.

Kinds of evidence

Here are some examples of evidence you might use:

  • friends or family members can say how they’d be affected if you’re deported
  • employers can talk about your work history
  • therapists and counsellors can talk about treatment you’ve had for addiction or other mental health issues
  • faith leaders, community workers, and neighbours can say that you’re a valued member of the community

Other examples include:

  • bank statements, pay stubs, and Notices of Assessment from the can show that you’ve earned money to support yourself and any
  • report cards for a child who’d be affected if you were deported can show that they’re going to school and how they’re doing
  • news articles and human rights reports can show what could happen to you in the country you’d be deported to

Getting documents translated

If you want to give the IAD documents that are not in English or French, you must get them translated.

Following IAD rules

If you have documents that you want the IAD to consider you must follow detailed rules about making copies and giving them to the IAD. You must keep the original documents and bring them to your hearing.

You also need to fill out the Confirmation of Hearing Needs form to say if you:

  • need an interpreter at your hearing and in which language or languages
  • have witnesses, who they are, how much time they need at the hearing, and whether they’ll testify in person or by videoconference or telephone

You must give this form and any documents to the IAD and Minister’s Counsel for the Canada Border Services Agency (CBSA) at least 20 days before your hearing. The address for Minister’s Counsel is in the letter that the IAD sent you after you started your appeal.

You must also give the IAD a statement saying that you gave a copy of the form and your documents to Minister’s Counsel.

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