Live webinar January 25, 2023 at 12:00pm EST
OR available available video recording
Chantal Desloges & Cheryl Robinson
SUMMARY: This course will provide an in-depth discussion of appeals at the Immigration Appeal Division and the Refugee Appeal Division of the Immigration and Refugee Board of Canada. The instructors will review the statutory rights of appeal, restrictions on the rights of appeal, grounds of appeal and the standard of review. The course will discuss in detail the whole appeal process from the moment when the case is being prepared until it is heard, as well as the alternative dispute resolution process. Important relevant jurisprudence will also be discussed.
Part 1: IAD
- Competent jurisdiction of the Immigration Appeal Division (s.62)
- The right of appeal (s.63 IRPA)
- Restrictions on the right of appeal (s.64 IRPA)
- Grounds of appeal (s.67 IRPA)
- Restriction on equitable jurisdiction (s.65 IRPA)
- Hearing de novo
- Types of dispositions (s.66 IRPA)
- The Immigration Appeal Division Rules
- Alternative Dispute Resolution process
- The hearing procedure
- Withdrawal, reinstatement and reopening (s.50/51 IAD Rules, s.71 IRPA)
Part 2: RAD
- Right of Appeal – which cases go to RAD and which to Federal Court (IRPA s. 110(2))?
- Timelines for appeal (IRPA s. 110(2.1); IRPR s. 159.91)
- Limitations on evidence
- Standard of review & Grounds of Appeal
- Remedies (IRPA s. 111(1))
- RAD hearings (IRPA s.110(6))
- Alazar notices
- Minister’s appeals (RAD Rules 8 to 11)
Law Society of British Columbia
• Approved for 3 CPD credits
• For members of these Law Societies, consider including this course as
a CPD learning activity in your mandatory annual requirements
For Regulated Canadian Immigration Consultants
College of Immigration and Citizenship Consultants
• Approved for 3 CPD hours (including 30 minutes of professionalism/ethics)
• Video recording valid until January 25, 2024
Currently Awaiting Further Accreditation
Barrister & Solicitor - Certified Specialist
Senior Partner, Desloges Law Group
Chantal Desloges is certified by the Law Society of Ontario as a Specialist in both Citizenship/Immigration law and Refugee law. Her practice encompasses every possible area of Canadian citizenship, immigration and refugee law, such as business class applications, skilled workers, family sponsorships, work and study permits, refugee cases, citizenship applications, plus Appeals and Judicial Reviews of refused cases. She was called to the Bar of Ontario in 1999 and is the founding and senior partner of Desloges Law Group.
Chantal taught Immigration Law at Osgoode Hall Law School in 2000/2001. She also taught in the Immigration Practitioner Certificate Programme at Seneca College from 1999 – 2010 and the Immigration Consultant Diploma at Herzing College from 2015 – 2018. She currently teaches a number of continuing professional development programs for LPEN, IMEDA and the Ontario Bar Association, among others.
In November, 2016, Chantal and her good friend Cathryn Sawicki published the Canadian Immigration and Refugee Law: A Practitioner’s Handbook. Chantal has been called upon 15 times by Parliamentary and Senate Committees to appear as an expert witness on immigration and refugee issues.
In 2012, Chantal was awarded the Queen’s Diamond Jubilee Medal, followed by the Canadian Bar Association Young Lawyers’ Pro Bono award. In 2013, Chantal was appointed by the Minister of Justice to serve on the Federal Court Rules Committee, and was reappointed for a further term in 2016. In 2014, Chantal was also elected to the Executive of the Canadian Bar Association, Immigration Section, where she served until 2018.
Chantal is a regular immigration commentator on CTV Power Play, and has been interviewed by both national and local television stations such as CBC, CTV National News, W5, Canada AM, Global News and CP24. She has also been interviewed and quoted in national and local newspapers such as the Toronto Star, Toronto Sun, Globe and Mail, National Post and the Ottawa Citizen.