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![]() October 17, 2005 Notice to Counsel and AppellantsEarthquake Disaster in South Asia - Affected Cases at the Immigration Appeal Division (IAD)This notice to counsel addresses the scheduling of IAD appeals that involve sponsored family members or residency obligation appellants from an area affected by the recent earthquake disaster in South Asia (mainly Kashmir and Pakistan's North-West Frontier Province). The tragic impact of the earthquake has touched many of us in Canada. Citizenship and Immigration Canada (CIC) has announced that it is expediting existing applications of Family Class applicants under the Immigration and Refugee Protection Act who are seriously and personally affected by the disaster (see CIC Web page at http://www.cic.gc.ca/english/earthquake/index.html). If you believe that your case is one that involves persons of the affected areas, please notify the IAD and also the Minister's counsel at the Canada Border Services Agency. The IAD will respond quickly to requests for an earlier hearing date or Alternative Dispute Resolution (ADR) Conference date. Furthermore, in cases where the Minister's counsel indicates that they may be willing to recommend allowing an appeal, the IAD expects that these appeals will be quickly resolved also that a final decision may be made without a hearing. Aside from the procedural issues of expedited scheduling, the situation in the affected regions may be relevant to the IAD's discretionary jurisdiction. In removal order appeals, in residency obligation appeals, and in sponsorship appeals where the issue is not one of meeting the definition of sponsor or the definition of a member of the family class, the IAD has the power to allow an appeal on the basis of humanitarian and compassionate considerations. Where a hearing has finished but the decision is not finalized, and a party believes that the earthquake disaster has affected assessment of humanitarian and compassionate grounds, the party may make a written application to the IAD (copied to the other party) for permission to provide additional evidence or submissions – an IAD member will deal with such an application quickly. |
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