上诉部及CIC官网上的一些文件、解释和说明
想保存此内容的可直接下载附件“官方网页.doc”。
[FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT]
[FONT=宋体]
[/FONT]
[FONT=宋体]原文链接：[/FONT]http://www.irb-cisr.gc.ca/Eng/tribunal/iadsai/Pages/index.aspx
Home >
Tribunal >
Immigration Appeal Division
Immigration Appeal Division
What We Do
The Immigration Appeal Division ([FONT=宋体]IAD[/FONT]) hears and decides appeals on immigration matters such as appeals from refused sponsorship applications and from removal orders.
More
Legal References
Related Documents
[FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT]
[FONT=宋体]原文链接：[/FONT]
http://www.irb-cisr.gc.ca/eng/tribunal/iadsai/adrmar/Pages/guide_mariage_add.aspx
Home >
Tribunal >
Immigration Appeal Division >
Alternate Dispute Resolution
IAD.08a Addendum - Marriage/Partner
October 2006
APPELLANTS' GUIDE
TO ALTERNATIVE DISPUTE RESOLUTION ([FONT=宋体]ADR[/FONT]) CONFERENCE RE:
SPONSORSHIP APPEALS
ADDENDUM ? Marriage, Common-law or Conjugal Partner Cases
What kind of documents should I provide as disclosure before the [FONT=宋体]ADR[/FONT] Conference?
In this kind of case, one of the reasons for refusal of your sponsorship may be that the Citizenship and Immigration Canada ([FONT=宋体]CIC[/FONT]) officer did not believe you have a genuine marriage, or a genuine common-law or conjugal partner relationship, and that you entered into this relationship primarily for immigration purposes.
At a hearing or an [FONT=宋体]ADR[/FONT] Conference, you should try to show:
- how you met your spouse or partner and how your relationship developed;
- how long you have known your spouse or partner;
- the circumstances of your marriage or common-law/conjugal relationship, including the knowledge and involvement of your families;
- what you did after you got married or started your conjugal relationship, including what contact you have had with your spouse or partner;
- what you know about each other;
- what you plan for your future together; and
- any other information that may help your appeal.
You should come prepared to deal with all of the reasons the [FONT=宋体]CIC[/FONT] officer gave for refusing your spouse’s or partner’s application.
Some of the important documents that would be useful to bring to a hearing or an [FONT=宋体]ADR[/FONT] Conference would be evidence such as letters, telephone bills, photographs, videocassettes, airline tickets, passports, receipts for gifts or money sent by either spouse or partner, etc. If the written information or documents that you want to use were not already provided to the
Immigration Appeal Division or Minister’s counsel, then you must provide it no later than 10 days before the [FONT=宋体]ADR[/FONT] Conference.
Related Links
[FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT]
[FONT=宋体]原文链接：[/FONT]http://laws.justice.gc.ca/en/showdoc/cr/SOR-2002-230//20090511/en
Immigration Appeal Division Rules
[FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT]
[FONT=宋体]原文链接：[/FONT]
http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/info/Pages/index.aspx
INFORMATION GUIDE ―
GENERAL PROCEDURES FOR ALL APPEALS
TO THE IMMIGRATION APPEAL DIVISION ([FONT=宋体]IAD[/FONT])
(under the
[FONT=宋体]Immigration and Refugee Protection Act[/FONT],
effective June 28, 2002)
The questions and answers below are to help you prepare for your appeal hearing. The following general information should not be taken as legal advice.
1. INTRODUCTION
[FONT=宋体]Where will my appeal hearing take place?[/FONT]
Your appeal hearing will take place at the Immigration and Refugee Board ([FONT=宋体]IRB[/FONT]). The [FONT=宋体]IRB[/FONT] is an independent tribunal. It is not part of the Immigration department, also known as Citizenship and Immigration Canada ([FONT=宋体]CIC[/FONT]), and it is not part of the Canada Border Services Agency ([FONT=宋体]CBSA[/FONT]).
[FONT=宋体]Who will decide my appeal?[/FONT]
A Member of the Immigration Appeal Division ([FONT=宋体]IAD[/FONT]) of the [FONT=宋体]IRB[/FONT] will decide your appeal.
[FONT=宋体]Who will be at my appeal hearing?[/FONT]
The [FONT=宋体]IAD[/FONT] Member, who will decide your appeal, will be seated at the front of the hearing room. You (the appellant) will be there with or without your counsel, depending on whether you chose to have someone represent you. There will also be a Minister's counsel from the Canada Border Services Agency ([FONT=宋体]CBSA[/FONT]) who may provide evidence, ask questions to you and other witnesses, and make arguments against your appeal. Any witnesses that you or the Minister's counsel bring to testify (give oral evidence) will also be at the hearing. An interpreter will be there for you or any of your witnesses, if you have asked for one. Members of the public are also allowed to attend.
[FONT=宋体]Do I need someone to represent me in my appeal?[/FONT]
You do not have to have someone represent you, but you may if you think that this will help your appeal. There are often legal questions that need to be argued in the appeal and you need to make sure that your case is well supported by providing enough evidence. You should also know that the Minister's counsel will be at your hearing to question you and other witnesses, and make arguments against your appeal. If you have someone to represent you, such as a lawyer or a consultant, friend, relative, or trusted member of your community, that person must be available and prepared on the date of the appeal hearing.
Under a regulation in effect on April 13, 2004, if you choose to retain counsel who charges a fee, the counsel must be a member in good standing of either a provincial law society, the Chambre des notaires du Québec, or the Canadian Society of Immigration Consultants ([FONT=宋体]CSIC[/FONT]).
[FONT=宋体]How will I know when my appeal hearing will take place?[/FONT]
You will receive a notice from the [FONT=宋体]IAD[/FONT] to appear for the scheduling conference (Assignment Court). You and your counsel, if you have one, must be there on the date and at the time stated in this notice to appear. At that time an [FONT=宋体]IAD[/FONT] Member will ask questions, to make sure that your case is ready to be scheduled. If the Member is satisfied that your appeal is ready to be scheduled, you will be given the date and time for your appeal hearing.
[FONT=宋体]What will happen if my counsel and I cannot appear on the appeal hearing date?[/FONT]
When an appeal hearing date is set, you must be ready for the hearing on that date. If you can not appear on that day, you may make an application in writing to change the date or time of your hearing - but an [FONT=宋体]IAD[/FONT] Member will allow your application and make a change only if there are very good reasons. This is also called a postponement or an adjournment.
You must provide a copy of your application to the Minister's counsel. You must also provide your application to the [FONT=宋体]IAD[/FONT] registry office, together with a statement of how and when you provided the copy to the Minister's counsel. The addresses for the [FONT=宋体]IAD[/FONT] and [FONT=宋体]CBSA[/FONT]/ [FONT=宋体]CIC[/FONT] offices are in the letters or other notices that the [FONT=宋体]IAD[/FONT] sends to you after you have made your appeal.
In your application (which may be written like a letter), you must:
- explain why you want to change the date or time of your hearing;
- say whether the Minister's counsel agrees to your request; and
- give at least six new dates on which you are available for your hearing. These six dates must be within a time period specified by the [FONT="]IAD[/FONT] ― therefore, you should first contact the [FONT="]IAD[/FONT] registry office to find out which weeks or months the [FONT="]IAD[/FONT] has available for hearings.
The date or time of your hearing will be changed only for a very good reason. If you do not receive a decision from the [FONT=宋体]IAD[/FONT] on your application to change the date or time of the hearing, or if the [FONT=宋体]IAD[/FONT] refuses your application, you must appear on the scheduled hearing date and be prepared for your appeal hearing. If you do not appear, your appeal may be dismissed.
If the Minister's counsel or the [FONT=宋体]IAD[/FONT] registry office receives your application two working days or less before the scheduled hearing date, you must appear at your scheduled hearing. At that time, you may ask for a change in the date or time of your hearing but you should be prepared to go ahead that day if your application is denied.
2. PREPARING FOR YOUR APPEAL
[FONT=宋体]What must I show to win my appeal?[/FONT]
To win your appeal, you must show that the decision made by Citizenship and Immigration Canada ([FONT=宋体]CIC[/FONT]) or the Canada Border Services Agency ([FONT=宋体]CBSA[/FONT]) or by the Immigration Division ([FONT=宋体]ID[/FONT]) is wrong in law or wrong in fact. Also, in some cases, the [FONT=宋体]IAD[/FONT] Member may be able to consider humanitarian and compassionate reasons to allow your appeal even if the [FONT=宋体]CBSA[/FONT]/ [FONT=宋体]CIC[/FONT] or [FONT=宋体]ID[/FONT] decision was correct in law and fact. It is your responsibility to show that your appeal should be allowed and not dismissed.
[FONT=宋体]Do I have to provide any documents for my hearing?[/FONT]
Documentary evidence can be very important in helping you win your appeal. To show that the [FONT=宋体]CBSA[/FONT]/ [FONT=宋体]CIC[/FONT] or [FONT=宋体]ID[/FONT] decision was wrong, or in some cases, that there are sufficient humanitarian and compassionate reasons, you may need to provide documents to be used at your hearing.
If you would like to provide documents, you must make two copies of each document (including any photographs or videocassettes). You must provide one copy to the Minister's counsel. You must also provide one copy to the [FONT=宋体]IAD[/FONT] registry office, together with a statement of how and when you provided the documents to the Minister's counsel. The addresses of the [FONT=宋体]IAD[/FONT] and [FONT=宋体]CBSA[/FONT]/ [FONT=宋体]CIC[/FONT] offices are in the letters or other notices that the [FONT=宋体]IAD[/FONT] sends to you after you have filed your appeal. The documents must be received no later than
[FONT=宋体]20 days[/FONT] before the hearing.
Before your hearing, the Minister's counsel will have provided you and the [FONT=宋体]IAD[/FONT] with the appeal record. These are the documents in the [FONT=宋体]CBSA[/FONT]/ [FONT=宋体]CIC[/FONT] or [FONT=宋体]ID[/FONT] file that are related to your appeal. The Minister's counsel may also provide other documents for the hearing, no later than
[FONT=宋体]20 days[/FONT] before the hearing. You have a chance to provide documents in response to the documents from the Minister's counsel ? these documents must be received no later than
[FONT=宋体]10 days[/FONT] before the hearing. This exchange of documents is called "disclosure." If you or the Minister's counsel do not disclose documents properly, then those documents cannot be used at the hearing unless the [FONT=宋体]IAD[/FONT] Member allows this to be done.
If your documents are not in English or French, they must be translated. The translations and a translator's declaration must be provided together with the copies of the documents to the [FONT=宋体]IAD[/FONT] and to the Minister's counsel. The translator's declaration must include:
- the translator's name,
- the language translated and
- a statement signed by the translator that the translation is accurate.
Even if you have provided copies of your documents before the hearing, you should bring the original documents to the hearing if you have them.
[FONT=宋体]Can I bring witnesses?[/FONT]
You may bring witnesses to your hearing if you think this will help your appeal. Witnesses must be prepared to answer questions at your hearing (this is called testifying or giving testimony).
No later than
[FONT=宋体]20 days[/FONT] before the hearing, you must provide certain information regarding your witness to the [FONT=宋体]IAD[/FONT] and the Minister's counsel. In writing, you must:
- state the witness's contact information (address, and telephone and fax numbers),
- how long the testimony will take,
- your relationship to the witness, and
- whether you want the witness to testify in person, by videoconference or by telephone.
If the witness is an expert, you must also include a report signed by the expert giving their qualifications and summarizing their evidence.
If you do not properly provided the witness information, the witness will not be able to testify unless the [FONT=宋体]IAD[/FONT] Member allows the witness to testify.
It is your responsibility to make sure your witness or witnesses appear at your appeal hearing. To make sure that your witness will appear, you may ask the [FONT=宋体]IAD[/FONT] registry office for a summons, which is an [FONT=宋体]IAD[/FONT] order to appear at the hearing that the witness must obey. There are special rules for providing a summons to a witness, along with witness fees and travel expenses - for further information, contact the [FONT=宋体]IAD[/FONT] registry office.
[FONT=宋体]What if I need an interpreter?[/FONT]
If you or any of your witnesses need an interpreter, you must notify the [FONT=宋体]IAD[/FONT] registry office either in writing no later than
[FONT=宋体]20 days[/FONT] before your appeal hearing, or in person at the scheduling conference (Assignment Court). You must indicate the language and dialect (if any) that you or your witness needs. The [FONT=宋体]IAD[/FONT] will provide an interpreter for your hearing at no cost to you.
[FONT=宋体]What if my witness is not in Canada?[/FONT]
If your witness is in another country, you may ask the [FONT=宋体]IAD[/FONT] Member to allow that witness to testify at your appeal hearing by telephone. You must tell the [FONT=宋体]IAD[/FONT] before the appeal hearing, and you must make sure that your witness can be reached by telephone at the time of your hearing. Since you must pay for the call, you must bring a calling card from your telephone company that you can use to charge the call to a telephone number, or bring long distance phone cards. Note that the [FONT=宋体]IAD[/FONT] will not allow you to use any phone card with less than two hours' international calling time available. Also, some companies' calling cards may not work very well, and if there are problems, the [FONT=宋体]IAD[/FONT] Member might decide to go ahead without hearing from your witness.
3. YOUR APPEAL HEARING
[FONT=宋体]What will happen at my appeal hearing?[/FONT]
- [FONT="]You will testify[/FONT]
If you have counsel, your counsel will begin by asking you questions so that you can give evidence related to your appeal. Before testifying, the [FONT=宋体]IAD[/FONT] Member will ask witnesses to affirm (that is, solemnly promise) that they will tell the truth. Witnesses who want to swear an oath to tell the truth should bring their own holy book. If you do not have counsel, you may tell the [FONT=宋体]IAD[/FONT] Member what you think is important or you may ask the Member to ask you questions that the Member thinks are needed to decide your appeal. The Minister's counsel will also question you on the evidence you have given at the hearing because the Minister's counsel is there to argue against your appeal.
- [FONT="]Witnesses will testify[/FONT]
After your testimony, any witnesses you have will testify. This may include your relative testifying by telephone from another country. Any witness you bring to the hearing will usually be asked to stay in the waiting room and not join the hearing until after you have testified. The witness then will be called to answer questions. Your counsel may question the witness or, if you do not have counsel, you may question the witness or ask the [FONT=宋体]IAD[/FONT] Member to do so. The Minister's counsel will also be able to question the witness and can also bring witnesses to testify. You have the right to question any witnesses brought by the Minister's counsel.
- [FONT="]Arguments will be made[/FONT]
After you and the witness or witnesses have testified, the [FONT=宋体]IAD[/FONT] Member will ask you or your counsel to make the arguments or submissions in your case (explain why you think the evidence shows that the Member should allow the appeal). The Minister's counsel will also be asked whether he or she thinks you have proven your case. You will then be asked to respond to the submission of the Minister's counsel.
[FONT=宋体]When will I know the decision in my appeal?[/FONT]
The [FONT=宋体]IAD[/FONT] Member may be able to decide your appeal and give reasons for the decision at the end of the hearing. If not, the Member will tell you that the decision and reasons will be sent to you by mail at a later date, usually no later than 90 days after the hearing.
4. MORE INFORMATION
If you would like more information, you may use the [FONT=宋体]IRB[/FONT]'s Internet Web site at
www.irb-cisr.gc.ca or you may visit the [FONT=宋体]IRB[/FONT]'s Documentation Centre at our offices. There you will find the following information:
- IMMIGRATION AND REFUGEE BOARD OF CANADA: AN OVERVIEW
This document provides basic information on the [FONT=宋体]IRB[/FONT], including the types of appeals heard at the [FONT=宋体]IAD[/FONT] and the appeal process.
- SPONSORSHIP APPEALS
This paper describes how different types of sponsorship appeals are decided. Note that this paper has not yet been updated with information and changes from the new
[FONT=宋体]Immigration and Refugee Protection Act [/FONT]that became effective on June 28, 2002.
- REMOVAL ORDER APPEALS
This paper describes how different types of removal order appeals are decided. Note that this paper has not yet been updated with information and changes from the new
[FONT=宋体]Immigration and Refugee Protection Act [/FONT]that became effective on June 28, 2002.
- REFLEX
This is a publication of summaries of selected recent immigration and refugee law decisions since May 1991.
- [FONT="]IMMIGRATION AND REFUGEE PROTECTION ACT[/FONT] and the former [FONT="]IMMIGRATION ACT[/FONT]
In general, the new
[FONT=宋体]Immigration and Refugee Protection Act[/FONT] applies to cases where you made your appeal to the [FONT=宋体]IAD[/FONT] on or after June 28, 2002. In most cases, the former
[FONT=宋体]Immigration Act [/FONT]still applies where you filed your notice of appeal with the [FONT=宋体]IAD[/FONT] before June 28, 2002.
- IMMIGRATION APPEAL DIVISION RULES and COMMENTARIES
The Commentaries provide you with details and procedures about such matters as scheduling your hearing, and changing the date and time of your hearing.
related documents
[FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT]
[FONT=宋体]原文链接：[/FONT]
http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/info/Pages/marriage.aspx
Home >
The Board >
Legal and Policy References >
Procedures >
Processes >
IAD >
Information Guide
October 2002
Revised January 2005
INFORMATION GUIDE
SPONSORSHIP APPEAL HEARINGS MARRIAGE CASES
(under the
[FONT=宋体]Immigration and Refugee Protection Act[/FONT])
The questions and answers below are to help you prepare for your appeal hearing. The following general information should not be taken as legal advice. Many sponsorship appeals regarding marriage first go through an
Alternative Dispute Resolution ([FONT=宋体]ADR[/FONT]) process. You will receive a letter about this if your appeal is chosen for this process. You will also receive a separate Appellant's Guide to [FONT=宋体]ADR[/FONT] Conferences that will give you more information. In [FONT=宋体]ADR[/FONT], a dispute resolution officer (a member of the Immigration Appeal Division) will meet informally with you and the Minister's counsel to try to settle the appeal without a full hearing.
1. INTRODUCTION
Where will my appeal hearing take place?
Your appeal hearing will take place at the Immigration and Refugee Board ([FONT=宋体]IRB[/FONT]). The [FONT=宋体]IRB[/FONT] is an independent tribunal. It is not part of the Immigration department, also known as Citizenship and Immigration Canada ([FONT=宋体]CIC[/FONT]), and it is not part of the Canada Border Services Agency ([FONT=宋体]CBSA[/FONT]).
Who will decide my appeal?
A Member of the Immigration Appeal Division ([FONT=宋体]IAD[/FONT]) of the Immigration and Refugee Board ([FONT=宋体]IRB[/FONT]) will decide your appeal.
Who will be at my appeal hearing?
The [FONT=宋体]IAD[/FONT] Member, who will decide your appeal, will be seated at the front of the hearing room. You (the appellant) will be there with or without your counsel, depending on whether you chose to have someone represent you. There will also be a Minister's counsel from the Canada Border Services Agency ([FONT=宋体]CBSA[/FONT]) who may provide evidence, ask questions to you and other witnesses, and make arguments against your appeal. Any witnesses that you or the Minister's counsel bring to testify (give oral evidence) will also be at the hearing. An interpreter will be there for you or any of your witnesses, if you have asked for one. Members of the public are also allowed to attend.
Do I need someone to represent me in my appeal?
You do not have to have someone represent you, but you may if you think that this will help your appeal. There are often legal questions that need to be argued in the appeal and you need to make sure that your case is well supported by providing enough evidence. You should also know that the Minister's counsel will be at your hearing to question you and other witnesses, and make arguments against your appeal. If you have someone to represent you, such as a lawyer or a consultant, friend, relative, or trusted member of your community, that person must be available and prepared on the date of the appeal hearing.
Under a regulation in effect on April 13, 2004, if you choose to retain counsel who charges a fee, the counsel must be a member in good standing of either a provincial law society, the Chambre des notaires du Québec, or the Canadian Society of Immigration Consultants ([FONT=宋体]CSIC[/FONT]). The [FONT=宋体]IAD[/FONT] cannot allow any paid counsel who is not such a member to represent you in your appeal. If your counsel is an immigration consultant, their name should be on the [FONT=宋体]CSIC[/FONT] Internet website at
www.csic-scci.ca/en.
How will I know when my appeal hearing will take place?
You will receive a notice from the [FONT=宋体]IAD[/FONT] to appear for the scheduling conference (Assignment Court). You and your counsel, if you have one, must be there on the date and at the time stated in this notice to appear. At that time, an [FONT=宋体]IAD[/FONT] Member will ask questions, to make sure that your case is ready to be scheduled. If the Member is satisfied that your appeal is ready to be scheduled, you will be given the date and time for your appeal hearing.
What will happen if my counsel and I cannot appear on the appeal hearing date?
When an appeal hearing date is set, you must be ready for the hearing on that date. If you can not appear on that day, you may make an application in writing to change the date or time of your hearing. But you need very good reasons before an [FONT=宋体]IAD[/FONT] Member will allow your application and make a change. This change in date or time is also called a postponement or an adjournment.
You must provide a copy of your application to the Minister's counsel. You must also provide your application to the [FONT=宋体]IAD[/FONT] registry office, together with a statement of how and when you provided the copy to the Minister's counsel. The addresses for the [FONT=宋体]IAD[/FONT] and [FONT=宋体]CBSA[/FONT]/ [FONT=宋体]CIC[/FONT] offices are in the letters or other notices that the [FONT=宋体]IAD[/FONT] sends to you after you have made your appeal.
In your application (which may be written like a letter), you must:
- Explain why you want to change the date or time of your hearing;
- Say whether the Minister's counsel agrees to your request; and
- Give at least six new dates on which you are available for your hearing. These six dates must be within a time period specified by the [FONT="]IAD[/FONT] - therefore, you should first contact the [FONT="]IAD[/FONT] registry office to find out which weeks or months the [FONT="]IAD[/FONT] has available for hearings.
The date or time of your hearing will be changed only for a very good reason. If you do not receive a decision from the [FONT=宋体]IAD[/FONT] on your application to change the date or time of the hearing, or if the [FONT=宋体]IAD[/FONT] refuses your application, you must appear on the scheduled hearing date and be prepared for your appeal hearing. If you do not appear, your appeal may be dismissed or declared to be abandoned.
If the Minister's counsel or the [FONT=宋体]IAD[/FONT] registry office receives your application two working days or less before the scheduled hearing date, you must appear at your scheduled hearing. At that time, you may ask for a change in the date or time of your hearing but you should be prepared to go ahead that day if your application is denied.
2. PREPARING FOR YOUR APPEAL
What must I show to win my appeal?
To win your appeal, you must show that the refusal to approve your spouse's application is wrong in law or wrong in fact. That means that it is your responsibility to show that the visa officer made the wrong decision. It is your responsibility to show that your appeal should be allowed and not dismissed.
If the visa officer refused to issue a visa to your spouse because the officer believed that your marriage was not legal, then to win your appeal, you must show that it is a legal marriage in the country where you were married and in Canada. For example, you must show:
- The marriage law in the country where your marriage took place; and
- How you met the requirements of that law, as well as the marriage law in Canada.
If the reason for refusal was that the visa officer did not believe you had a genuine marriage, then you must show that your marriage is genuine or was not entered into primarily for the purpose of gaining any Canadian immigration status or benefit (this usually means getting permanent resident status for your spouse).
To decide this, the Member may consider evidence about:
- How you met your spouse and how your relationship developed;
- The circumstances of your engagement and marriage, including the knowledge and involvement of your families;
- What you did after you got married, including the contact you have had with your spouse;
- What you know about each other;
- What you plan for your future together; and
- Any other information that may help the Member decide your appeal.
There may be other reasons that the visa officer gives for refusing your spouse - the
[FONT=宋体]Immigration and Refugee Protection Regulations[/FONT] sets out some situations where a spouse will be seen as not belonging to the family class, and therefore not be able to be sponsored to Canada (see section 117(9) of the
[FONT=宋体]Immigration and Refugee Protection Regulations[/FONT]).
You should come prepared to deal with all of the reasons the visa officer gave for refusing your spouse's application. But the Minister's counsel or the [FONT=宋体]IAD[/FONT] Member may also ask you questions about anything dealing with your marriage and your relationship with your spouse.
It is important to know that for sponsorship appeals of marriage cases, the [FONT=宋体]IAD[/FONT] Member can only decide if the refusal is legal. The Member is not allowed to consider whether there are humanitarian and compassionate reasons for allowing your appeal.
Do I have to provide any documents for my hearing?
Documentary evidence can be very important in helping you win your appeal. If one of the issues in the appeal is whether your marriage is legal, you must give evidence about the marriage laws of the country where you were married, and that your marriage was legal. This may be done by with documents from an expert (such as a lawyer or other expert who knows the marriage laws of that country). If one of the issues in your appeal is whether your marriage is genuine, then you may provide documents such as letters, telephone bills, photographs, videocassettes, airline tickets, passports, receipts for gifts or money sent by either spouse, etc.
If you would like to provide documents, you must make two copies of each document (including any photographs or videocassettes). You must provide one copy to the Minister's counsel. You must also provide one copy to the [FONT=宋体]IAD[/FONT] registry office, together with a statement of how and when you provided the documents to the Minister's counsel. The addresses of the [FONT=宋体]IAD[/FONT] and [FONT=宋体]CBSA[/FONT]/ [FONT=宋体]CIC[/FONT] offices are in the letters or other notices that the [FONT=宋体]IAD[/FONT] sends to you after you have filed your appeal. The documents must be received no later than 20 days before the hearing.
Before your hearing, the Minister's counsel will have provided you and the [FONT=宋体]IAD[/FONT] with the appeal record. These are the documents in the [FONT=宋体]CBSA[/FONT]/ [FONT=宋体]CIC[/FONT] file that are related to your appeal. The Minister's counsel may also provide other documents for the hearing, no later than 20 days before the hearing. You have a chance to provide documents in response to the documents from the Minister's counsel - these documents must be received no later than 10 days before the hearing. This exchange of documents is called "disclosure." If you or the Minister's counsel do not disclose documents properly, then those documents cannot be used at the hearing unless the [FONT=宋体]IAD[/FONT] Member allows this to be done.
If your documents are not in English or French, they must be translated. The translations and a translator's declaration must be provided together with the copies of the documents to the [FONT=宋体]IAD[/FONT] and to the Minister's counsel. The translator's declaration must include:
- the translator's name,
- the language translated and
- a statement signed by the translator that the translation is accurate.
Even if you have provided copies of your documents before the hearing, you should bring the original documents to the hearing if you have them.
Can I bring witnesses?
You may bring witnesses to your hearing if you think this will help your appeal. Witnesses must be prepared to answer questions at your hearing (this is called testifying or giving testimony).
No later than 20 days before the hearing, you must provide certain information regarding your witness to the [FONT=宋体]IAD[/FONT] and the Minister's counsel. In writing, you must:
- state the witness's contact information (address, and telephone and fax numbers),
- how long the testimony will take,
- your relationship to the witness, and
- whether you want the witness to testify in person, by videoconference or by telephone.
If the witness is an expert, you must also include a report signed by the expert giving their qualifications and summarizing their evidence.
If you do not properly provide the witness information, the witness will not be able to testify unless the [FONT=宋体]IAD[/FONT] Member allows the witness to testify.
It is your responsibility to make sure your witness or witnesses appear at your appeal hearing. To make sure that your witness will appear, you may ask the [FONT=宋体]IAD[/FONT] registry office for a summons, which is an [FONT=宋体]IAD[/FONT] order to appear at the hearing that the witness must obey. There are special rules for providing a summons to a witness, along with witness fees and travel expenses - for further information, contact the [FONT=宋体]IAD[/FONT] registry office.
What if I need an interpreter?
If you or any of your witnesses need an interpreter, you must notify the [FONT=宋体]IAD[/FONT] registry office either in writing no later than 20 days before your appeal hearing, or in person at the scheduling conference (Assignment Court). You must indicate the language and dialect (if any) that you or your witness needs. The [FONT=宋体]IAD[/FONT] will provide an interpreter for your hearing at no cost to you.
What if my witness is not in Canada?
If your spouse or any other witness is in another country, you may ask the [FONT=宋体]IAD[/FONT] Member to allow that witness to testify at your appeal hearing by telephone. You must tell the [FONT=宋体]IAD[/FONT] before the appeal hearing, and you must make sure that your witness can be reached by telephone at the time of your hearing. Since you must pay for the call, you must bring a calling card from your telephone company that you can use to charge the call to a telephone number, or bring a reliable long distance phone card. Note that the [FONT=宋体]IAD[/FONT] will not allow you to use any phone card with less than two hours' international calling time available. Also, some companies' calling cards may not work very well, and if there are problems, the [FONT=宋体]IAD[/FONT] Member might decide to go ahead without hearing from your witness.
3. YOUR APPEAL HEARING
What will happen at my appeal hearing?
- You will testify
If you have counsel, your counsel will begin by asking you questions so that you can give evidence related to your appeal. Before testifying, the [FONT=宋体]IAD[/FONT] Member will ask witnesses to affirm (that is, solemnly promise) that they will tell the truth. Witnesses (including you as the appellant) who do not want to affirm but instead want to swear an oath to tell the truth should bring their own holy book. If you do not have counsel, you may tell the [FONT=宋体]IAD[/FONT] Member what you think is important or you may ask the Member to ask you questions that the Member thinks are needed to decide your appeal. The Minister's counsel will also question you on the evidence that you have given at the hearing because the Minister's counsel is there to argue against your appeal.
- Witnesses will testify
After your testimony, any witnesses you have will testify. This may include your spouse or relative testifying by telephone from another country. Any witness you bring to the hearing will usually be asked to stay in the waiting room and not join the hearing until after you have testified. The witness then will be called to answer questions. Your counsel may question the witness or, if you do not have counsel, you may question the witness or ask the [FONT=宋体]IAD[/FONT] Member to do so. The Minister's counsel will also be able to question the witness and can also bring witnesses to testify. You have the right to question any witnesses brought by the Minister's counsel.
- Arguments will be made
After you and the witness or witnesses have testified, the [FONT=宋体]IAD[/FONT] Member will ask you or your counsel to make the arguments or submissions in your case (explain why you think the evidence shows that the Member should allow the appeal). The Minister's counsel will also be asked whether he or she thinks you have proven your case. You will then be asked to respond to the submission of the Minister's counsel.
[FONT=宋体]When will I know the decision in my appeal?[/FONT]
The [FONT=宋体]IAD[/FONT] Member may be able to decide your appeal and give reasons for the decision at the end of the hearing. If not, the Member will tell you that the decision and reasons will be sent to you by mail at a later date, usually no later than 90 days after the hearing.
4. MORE INFORMATION
If you would like more information, you may use the [FONT=宋体]IRB[/FONT]'s Internet Web site at
www.irb-cisr.gc.ca or you may visit the [FONT=宋体]IRB[/FONT]'s Documentation Centre at our offices. There you will find the following information:
- IMMIGRATION AND REFUGEE BOARD OF CANADA: AN OVERVIEW
This document provides basic information on the [FONT=宋体]IRB[/FONT], including the types of appeals heard at the [FONT=宋体]IAD[/FONT] and the appeal process.
- SPONSORSHIP APPEALS
This paper describes how different types of sponsorship appeals are decided. Note that this paper has not yet been updated with information and changes from the new
[FONT=宋体]Immigration and Refugee Protection Act [/FONT]that became effective on June 28, 2002.
- REMOVAL ORDER APPEALS
This paper describes how different types of removal order appeals are decided. Note that this paper has not yet been updated with information and changes from the new
[FONT=宋体]Immigration and Refugee Protection Act [/FONT]that became effective on June 28, 2002.
- REFLEX
This is a publication of summaries of selected recent immigration and refugee law decisions since May 1991.
- IMMIGRATION AND REFUGEE PROTECTION ACT and the former IMMIGRATION ACT
In general, the new
[FONT=宋体]Immigration and Refugee Protection Act[/FONT] applies to cases where you made your appeal to the [FONT=宋体]IAD[/FONT] on or after June 28, 2002. In most cases, the former
[FONT=宋体]Immigration Act [/FONT]still applies where you filed your notice of appeal with the [FONT=宋体]IAD[/FONT] before June 28, 2002.
- IMMIGRATION APPEAL DIVISION RULES and COMMENTARIES
The Rules and Commentaries provide you with details and procedures about such matters as scheduling your hearing, and changing the date and time of your hearing.
NOTE: You may also want to look at the CIC Web site, which has information about how CIC officers make their decisions to accept or refuse sponsorships of family class members and applications for permanent resident visas. See
www.cic.gc.ca.
[FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT]
[FONT=宋体]原文链接：[/FONT]
http://www.irb-cisr.gc.ca/Eng/media/info/Pages/iadfacts.aspx
Home >
Media Centre >
Information Sheets
Immigration Appeals
The
Immigration Appeal Division ([FONT=宋体]IAD[/FONT]) hears appeals on immigration matters such as appeals from refused sponsorship applications and from removal orders.
The [FONT="]IAD[/FONT] hears four types of appeal:
- [FONT="]Sponsorship[/FONT] appeal
- Appeal from a [FONT="]removal order[/FONT] issued by an officer of the Canada Border Services Agency or the [FONT="]IRB[/FONT] Immigration Division
- [FONT="]Residency obligation[/FONT] appeal
- [FONT="]Minister's [/FONT]appeal of an [FONT="]ID[/FONT] decision
An appeal is allowed…
- if the decision being appealed was wrong in law or fact,
- if there was a breach of a principle of natural justice (for example, a breach to the right to be heard or to be heard by an impartial person), or
- in some cases, on the basis of humanitarian and compassionate considerations.
Sponsorship appeal
Who can appeal?
Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused by [FONT=宋体]CIC[/FONT].
Who cannot appeal?
Sponsorship appeals are not possible for persons who have been found inadmissible to Canada based on:
- serious criminality punished by a sentence of two years or more of imprisonment,
- organized criminality,
- security grounds,
- violations of human or international rights, or
- misrepresentation (unless the sponsored family member is the sponsor's spouse, common-law partner or child).
If the appeal is allowed…
[FONT=宋体]CIC[/FONT] will resume processing the sponsorship application or it may ask the
Federal Court of Canada permission to apply for judicial review of the [FONT=宋体]IAD[/FONT] decision. It is possible for [FONT=宋体]CIC[/FONT] to refuse the application on other grounds.
If the appeal is dismissed…
The sponsor may contest the [FONT=宋体]IAD[/FONT]'s decision by asking the Federal Court of Canada permission to apply for judicial review of the [FONT=宋体]IAD[/FONT] decision.
Removal order appeal
Who can appeal?
Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada.
Who cannot appeal?
None of these persons can appeal their removal order if they have been found inadmissible to Canada because of:
- serious criminality punished by a sentence of two years or more of imprisonment,
- organized criminality,
- security grounds, or
- violations of human or international rights.
The following persons also cannot appeal a removal order:
- claimants whose refugee protection claim has been rejected, and
- foreign nationals without a permanent resident visa.
If the appeal is allowed…
The person will be permitted to remain in Canada.
If the [FONT="]IAD[/FONT] stays the appeal…
The person concerned can stay in Canada under certain conditions imposed by the IAD.
If the appeal is dismissed…
The Canada Border Services Agency may remove the person from Canada.
The person may contest the [FONT=宋体]IAD[/FONT]'s decision by asking the Federal Court of Canada permission to apply for judicial review of the [FONT=宋体]IAD[/FONT] decision.
Residency obligation appeal
Who can appeal?
Permanent residents determined by an immigration officer abroad not to have fulfilled their residency obligation.
If the appeal is allowed…
The person will not lose permanent resident status.
If the appeal is dismissed…
The person will lose permanent resident status. If the person is in Canada, the [FONT=宋体]IAD[/FONT] will issue a removal order. The person may contest the [FONT=宋体]IAD[/FONT]'s decision by asking the Federal Court of Canada permission to apply for judicial review of the [FONT=宋体]IAD[/FONT] decision.
Related Links
[FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT]
[FONT=宋体]原文链接：[/FONT]
http://www.irb-cisr.gc.ca/eng/brdcom/references/legjur/alltous/weiapp/Pages/index.aspx
Home >
The Board >
Legal and Policy References >
Legal >
All >
Weighing Evidence
Table of Contents |
Next
(size: 507 KB)
WEIGHING EVIDENCE
Legal Services
Immigration and Refugee Board
December 31, 2003
TABLE OF CONTENTS
MEMORANDUM
- INTRODUCTION
- GENERAL PRINCIPLES
- 2.1. Evidence
- 2.2. Relevant Provisions of the [FONT="]Immigration and Refugee Protection Act[/FONT]
- 2.3. Credible or Trustworthy Evidence
- ASSESSING EVIDENCE
- 3.1. Before/During the Hearing:
- 3.1.1. Determine which party has the Burden of Proof
- 3.1.2. Define the issues
- 3.2. During the Hearing:
- 3.2.1. Admissibility
- 3.2.1.1. Relevance
- 3.2.1.2. Other
- 3.2.2. Credibility
- 3.3. After the Hearing of Evidence and Submissions is Complete:
- 3.3.1. Assess Credibility
- 3.3.2. Reliability
- 3.3.3. Apply the Standard of Proof
- 3.3.4. Determine the Facts that have been established by the evidence as weighed
- 3.3.4.1. Benefit of the Doubt before the [FONT="]RPD[/FONT]
- 3.3.5. Identify the appropriate Standard of Proof for each legal issue
- 3.3.6. Apply the facts and standards of proof to the issues of the case
- 3.3.6.1. Presumptions
- 3.3.7. Render the Decision
- WHAT IT MEANS TO "WEIGH" EVIDENCE
- FACTORS TO CONSIDER IN WEIGHING EVIDENCE
- 5.1. General Principle
- 5.1.1. Some Factors That May be Considered
- APPLICATION TO SPECIFIC SITUATIONS
- 6.1. [FONT="]Viva Voce[/FONT] Evidence
- 6.1.1. Factors to Consider:
- 6.1.2. Adverse Inferences from the Failure to Testify or Call Evidence
- 6.1.3. Compellability of Witnesses
- 6.2. Self-Serving Evidence
- 6.2.1. Factors to Consider:
- 6.3. Hearsay Evidence
- 6.3.1. Factors to Consider:
- 6.4. Evidence of Children
- 6.4.1. Factors to Consider:
- 6.5. Evidence of Incompetents (Persons Suffering from Mental or Emotional Disorders)
- 6.5.1. Factors to Consider:
- 6.6. Speculation
- 6.7. Expert/Opinion Evidence
- 6.7.1. Factors to Consider:
- 6.8. Documentary Evidence
- 6.8.1. General Principles
- 6.8.2. Failure to refer to documentary evidence
- 6.8.3. No Obligation to Assess Adverse Documentary Evidence, Unless Directly Contradictory
- 6.8.4. Selective reliance("Picking and choosing")
- 6.8.5. "Considering all the evidence" not determinative of well-foundedness of fear
- 6.8.6. Formal Rules of Evidence Do Not Apply
- 6.8.7. Opportunity to cross-examine
- 6.8.8. Bias of Author
- 6.8.9. "Tone" of the document
- 6.8.10. [FONT="]POE[/FONT] Notes and other Minister's information
- 6.8.11. News reports and newspaper articles
- 6.8.12. Prior Inconsistent Statements or Information
- 6.8.13. Relevance of Documentary Evidence in Successor State Scenarios
- 6.8.14. Factors to Consider:
- 6.9. Videotape Evidence
- 6.9.1. Factors to Consider:
- 6.10. Teleconferencing and Videoconferencing
- 6.10.1. Teleconferencing
- 6.10.2. Factors to Consider
- 6.10.3. Videoconferencing
- 6.10.4. Factors to Consider
- 6.11. Foreign Law and Foreign Judgments with Particular Reference to Adoptions
- 6.11.1. Introduction
- 6.11.2. Terminology
- 6.11.3. Proof of Foreign Law
- 6.11.4. Declaratory Judgments and Deeds
- 6.11.5. Presumption of Validity under Foreign Law
- 6.11.6. Parent and Child Relationship Created by Operation of Foreign Law
- 6.11.7. Power of Attorney
- 6.11.8. Revocation of Adoption
- 6.11.9. Severing the Pre-Existing Legal Parent-Child Relationship
- 6.11.10. Public Policy
- 6.12. Foreign Judgments
- 6.12.1. Adoption
- 6.12.2. Divorce
- 6.12.3. Marriage
- 6.13. Foreign Law
- 6.13.1. Factors to Consider:
- 6.13.2. Date of the foreign legislation
- 6.13.3. Presumptions under foreign law
- 6.13.4. Expert Evidence
- 6.14. Judicial Notice
- 6.14.1. Judicial Notice and Specialized Knowledge in the [FONT="]RPD[/FONT]
- 6.15. Victim Impact Evidence
- 6.16. Acceptable Documentation (Identity)
- 6.17. Misrepresentation
- 6.17.1. Introduction
- 6.17.2. Possible Legal and Evidentiary Issues
- 6.17.3. Nature of the Misrepresentation
- 6.17.4. Humanitarian and Compassionate Considerations
- 6.18. Conclusive Findings of Fact
- STANDARDS AND BURDEN OF PROOF
- 7.1. Refugee Protection Division ([FONT="]RPD[/FONT])
- 7.2. Immigration Appeal Division ([FONT="]IAD[/FONT])
- 7.3. Immigration Division ([FONT="]ID[/FONT])
- SECURITY EVIDENCE IN APPEALS
- 8.1. Introduction
- 8.2. Initiating the procedure
- 8.3. Types of information subject to non-disclosure
- 8.4 The rationale for protecting information
- 8.5. The member's decision
- 8.6. Duty of disclosure
- 8.7. Assessing the evidence
- 8.8. Onus of proof on minister
- 8.9. Reliability of the evidence
- 8.10. Reasons for decision
- 8.11. Constitutionality of the process
APPENDIX A - THE RULES OF EVIDENCE AND THE [FONT=宋体]CANADA EVIDENCE ACT[/FONT]
Table of Contents |
Next
About [FONT=宋体]PDF[/FONT]
[FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT][FONT=宋体]－[/FONT][FONT=宋体]※[/FONT]
[FONT=宋体]原文链接：[/FONT]
http://www.irb-cisr.gc.ca/eng/brdcom/references/legjur/alltous/weiapp/Pages/evidence05.aspx#51
Home >
The Board >
Legal and Policy References >
Legal >
All >
Weighing Evidence
Previous Table of Contents Next
CHAPTER 5
5. FACTORS TO CONSIDER IN WEIGHING EVIDENCE
5.1. GENERAL PRINCIPLE
The reliability of evidence should be determined in light of all of the circumstances/evidence of the particular case. The factors to be considered in weighing evidence are basically a matter of common sense.
[FONT=宋体]The Factors Listed Here And Elsewhere In The Paper Are Not Meant To Be Exhaustive.[/FONT]
5.1.1. Some Factors That May be Considered
- the circumstances surrounding the making of the statement
- any information about the person who made the statement
- how many times the information was passed on before being made known to the witness
- the consistency of the statement with other reliable evidence
- the witness' opportunity to observe the events regarding which she testifies
- the circumstances surrounding the event
- whether there is better evidence available and whether a reason was provided for not producing that evidence
- whether the witness is drawing reasonable inferences or is simply speculating
- whether the evidence is consistent with reliable documentary/ other evidence
- whether the evidence is self-serving
- the circumstances under which a document was created
- the opportunity to cross-examine the author of a document
- whether some of the witness' evidence has been found not to be credible
- whether the witness is disinterested in the result
- whether the witness is biased
- the witness' qualifications and knowledge of the subject regarding which she testifies
- attitude and demeanour of a witness
- knowledge and expertise of author of a document and the date of the document.
Previous Table of Contents Next
我还没看到其他上诉的同学遇到这种事的，现在只有等收到信再看怎么办了。
可以等宝宝稍大一点再申请吧（如果有必要的话），国内亲人多还能帮帮你，宝宝也能多享受亲情氛围
