Attending an Alternative Dispute Resolution Conference at the Immigration Appeal Division

An alternative dispute resolution (ADR) conference is a meeting called by the Immigration Appeal Division (IAD) when it believes there is a chance that your appeal could be resolved without an oral hearing. The goal is to try to resolve your appeal simply, quickly, and fairly. If the conference is successful, a hearing will not be needed.

The participants in the conference include:

• You, and your counsel, if you have one;
• An official from the Canada Border Services Agency, called the Minister’s Counsel, who represents the Minister of Immigration, Refugees and Citizenship Canada (IRCC) or the Minister of Public Safety; and,
• An Early Resolution Officer (ERO) or member from the IAD, who is a neutral and unbiased facilitator of the conference.

Not all appeals are selected for ADR. If your appeal is selected, you will receive a Notice to Appear. This notice tells you when and where your conference will be.

An ADR conference is an informal meeting. There is no IAD decision-maker present to decide the appeal like at a hearing. It is an opportunity for you and the Minister’s Counsel to try to reach an agreement to resolve the appeal without having to argue the case at an oral hearing. The IAD’s role is simply to facilitate that discussion.

At an ADR conference, each party (that is, you and the Minister’s counsel) says why the appeal should be allowed or not. You will be asked questions. The ADR conference will take about one hour, and usually only you are questioned. Hearings usually take three hours or more, often more than one witness is questioned, and it can take longer to get a date for a hearing. Also, an IAD member holds the hearing and makes a final decision according to the evidence presented at the hearing.

The IAD selects appeals for ADR by reviewing the files. An appeal is considered suitable for ADR if the IAD believes there is a chance:

• the Minister’s Counsel may agree that your appeal should be allowed; or
• you will choose to withdraw the appeal after having a better understanding of your chance of winning your case at a hearing.

Before deciding to select an appeal for ADR, the IAD may contact you by telephone or in writing to obtain additional information. In some cases, the IAD may also contact the Minister’s Counsel to discuss whether an appeal is suitable for ADR. In the end, the IAD will decide if an appeal should be sent to an ADR conference or be scheduled for a hearing.

Opting-in to ADR

Opting-out of an ADR

This guide will help you to understand the ADR process. It is not legal advice. Immigration appeals can be quite complex. Think about whether you need someone to represent you.

You have the right to be represented, at your own expense. This representative is called your counsel. If your counsel charges a fee or any other form of payment, they must be a member in good standing of one of the following Canadian organizations:

• a provincial law society
• the Chambre des notaires du Québec
• the Immigration Consultants of Canada Regulatory Council (ICCRC).

This rule applies even if you are making an appeal from outside of Canada. You or your counsel must tell the IAD what professional organization your counsel belongs to and give their membership identification number.

Using an unpaid representative as your counsel

You can attend either in person, by videoconference or by phone at the scheduled time. Since ADR is informal, it is recommended that you attend in person, if possible. To attend by telephone or videoconference, you must notify the IAD at least 1​0 days before the conference.

You should prepare for your ADR conference ahead of time. Review the refusal letter and the appeal record, including any notes from the interview (if any) with the immigration officer. Be prepared to explain why you think your appeal should be allowed. This could include addressing any mistakes you believe were made in deciding your case or providing information to clarify or explain the issues identified by the immigration officer in the refusal letter and immigration officer’s notes. You can explain how the refusal decision impacts you and your family and any other special circumstances in your case.

Providing documents

Generally, only you will be questioned at the ADR conference. Because ADR conferences are scheduled for one hour, there is not enough time to question other witnesses.

If you need an interpreter and have not already requested one, you must write to the IAD at least 10 days before the date of the conference. Explain what language and dialect you need. The IAD will provide an interpreter at no cost to you.

Some people may face particular difficulty and require special consideration in the handling of their case because they have gone through traumatic experiences, have a physical or mental illness or may require assistance because of their age. Like all persons appearing before the Board, vulnerable persons are treated with sensitivity and respect, but they also have their cases processed taking into account their specific situations.

If you or your counsel think that you may be a vulnerable person, you should contact the office of the IAD in your region. As a vulnerable person you may receive administrative accommodations including changes in procedures. In such a case, the Board follows the “Chairperson Guideline 8: Procedures With Respect to Vulnerable Persons Appearing Before the IRB”.

If you are under 18 years of age or if you are over 18 but are not able to understand what your ADR is about, then you or your counsel must tell the IAD. The IAD can then select a designated representative for you. A designated representative is not the same as a counsel. A designated representative is a person who is responsible for making decisions in your best interests and for explaining the ADR process to you. The Designated Representative’s Guide explains their role in greater detail.

1. The ERO will open the meeting by explaining the roles of the participants and the ADR conference process.
2. The ERO will ask you questions about your case.

   Be prepared to explain why you think the appeal should be settled in your favour.
   Make sure that you know and understand what the reasons for the refusal are. If you do not understand the refusal, you can call the ERO before the conference.

3. The Minister’s Counsel will ask you questions.
4. You can make some final remarks or clarify any point relevant to your case. If you have counsel, they will have the opportunity to ask you some clarifying questions.
5. The ERO will meet privately with the Minister’s Counsel to discuss whether the appeal can be resolved without an oral hearing. At your request, you can also meet privately with the ERO. During the private meetings, the ERO may also provide an opinion on the chances of the appeal succeeding at a hearing.
6. The Minister’s Counsel will give their recommendation.

1. The ERO will prepare a Summary of Agreement giving some brief reasons for the agreement.
2. Both you and the Minister’s Counsel will review the agreement.
3. You, your counsel if you have one, and the Minister’s Counsel will sign the agreement.
4. After the conference, a Member of the IAD will approve the agreement if he or she is satisfied with the recommendation.
5. You will receive a final decision allowing your appeal.

1. The Minister’s Counsel will briefly give their reasons and then leave the conference.
2. You and your counsel will have to decide whether to withdraw your appeal or proceed to an oral hearing. The ERO will provide you some information to consider, including a neutral assessment of the chances your appeal will succeed at an oral hearing.
3. If you choose to go ahead with a hearing, the ERO will explain the hearing process including the approximate wait time for your hearing date.

No. The ADR process is confidential. The ERO and the Minister’s Counsel cannot share information from your conference with any Member of the IAD who might be hearing your appeal, unless:

• You agree to share the information or
• They can obtain the information independently (for example, it is already publicly available) or
• The information relates to an offence under immigration legislation or
• The information relates to a breach of the IAD rules of practice.

At the end of the conference, the ERO will ask you if you would like the documents you provided for the ADR to remain on the file for your hearing. If you do not agree, the documents will be removed from your file.

There are a number of documents and links to information that can help you in understanding the appeal process in the section “Filing an immigration appeal”. You can also contact the IAD using the contact information that appears on our website or in our letters to you. However, keep in mind that IAD staff cannot give you legal advice – that is the role of counsel.