4. Prepare for your appeal hearing

The Immigration Appeal Division (IAD) decides your appeal based on:

  • all of the information about your sponsorship application and the negative decision that you're appealing, and
  • at your hearing.

You need to show why:

  • your sponsorship application should be accepted, and
  • your or should get status in Canada.

When you prepare for the hearing, you have to follow the rules about appeals to the IAD.

Gathering evidence for your appeal hearing

Step 3 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.

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

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.

Having witnesses at your hearing

It can be helpful to include information about the from people who:

  • can talk about your relationship with the person you want to sponsor, and
  • know your situation well.

You can include written evidence from witnesses in a letter or affidavit. You can also ask them to come and speak at your IAD hearing.

Talk to your lawyer about whether to include evidence from witnesses.

Filling out forms and documents about your hearing

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

  • need an interpreter at your hearing for you or any of your witnesses, 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

At least 20 days before your hearing, you must give this form to the IAD and the Canada Border Services Agency representative. This person is called the Minister's Counsel. Their address 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 to Minister's Counsel.

The Minister's Counsel can ask questions to you and any witnesses.

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