Immigration Appeal Division Case Study Essay

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Case Study: Immigration Appeal Division Mediation:
The Immigration Appeal Division (“IAD”) is a branch of the Immigration and Refugee Board of Canada. IAD is tasked with making determinations on immigration appeals. Recently, the IAD has introduced ADR initiatives to achieve early resolutions. Sponsorship, residency obligation and removal orders can be appealed to the IAD. The board employs an individual for the purpose of identifying appropriate cases to utilize a customized resolution process. The use of ADR methods at the IAD has continued to have success, after the initial introduction through the 1998 Toronto pilot project. The IAD has the statutory authority to require participation in ADR by those seeking appeal. To opt out of ADR the parties must agree and obtain approval …show more content…
The opposing party is counsel for the minister.
The board provides guidelines for ADR conferences in sponsorship cases that have been denied on the grounds of minimum necessary income or partner cases. Appeals for sponsorship of a partner arise when the immigration officer deems your relationship non-authentic. The short guide indicates that during these conferences the applicant should attempt to demonstrate the length of relationship, knowledge of their partner, any future plans as well as information regarding marriage if there was one. It is suggested that the applicant can use “letters, telephone bills, photographs, videocassettes, airline tickets, passports, [and] receipts for gifts or money sent by either spouse or partner” (non-exhaustive list) as evidence to demonstrate the authenticity of the relationship. Counsel must prepare with their client in order to provide them with this information and assess any and all available evidence provided by the client. The quantity and quality of the evidence provided by the client in these circumstances will temper their expectations. As we know the rules of
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