Form IMM5740

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IMM5740 as Notice of Appeal

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Appellants use this form to appeal a removal order made at an admissibility hearing or examination. They must also provide the Division with a list of any person who testifies at their appeal.

If a party other than the Minister wishes to retain counsel, they must notify the Division and the Minister of their choice in writing before the end of the period specified in subsection 14(1). If they do not do so, their counsel of record ceases to be counsel of record for the Division and the Minister.

As of January 31, 2020, claimants can also opt to submit their notice of appeal and other documents through email in all regional registry offices. For more information, please refer to the Practice Notice: Communicating by Email at the Immigration Appeal Division.

IMM5740 as Notice of Hearing

The Immigration Appeal Division (IAD) provides several forms for completing an appeal. These include Form IR-35, the List of Minister’s Documents, and the Form to Request Written Reasons from the Tribunal. The IAD also has a Confirmation of Hearing Needs form that can be used to notify the IAD of interpreter and witness needs for a hearing.

You can also use this application to request a change of venue for a hearing. However, this only applies if you are unable to attend your hearing because of health issues or other reasons that cannot be remedied. The IAD will not consider a change of venue for other reasons, such as moving to another country.

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MM5740 as Notice of Extension of Time to File or Perfect an Appeal 2

MM5740 as Notice of Extension of Time to File or Perfect an Appeal

If you’re appealing a decision from the Immigration Appeal Division (IAD), you must file Form imm5740 with the court before the deadline. This application will help you request an extension of time to file or perfect an appeal. It will also ask you to provide a list of people who will testify at the hearing.

The appeal must be filed within 30 days after you receive the IRCC refusal letter. You must also include the written reasons for refusal. The Tribunal may send copies of the reasons to the registry, or you can use Form IR-3 to request them from the Tribunal.

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If you’re unable to file your Notice of Appeal on time, you must file an application for leave to do so with the Federal Court within 15 days (for matters that arise in Canada) or 60 days (for matters that arise outside Canada). You must also submit a copy of your application to each respondent and provide proof of service.

Form IMM5740 as Notice of In-Person Hearing

If you are a refugee protection claimant, you can use Form imm5740 to request a hearing. You can also use it to submit evidence that you have provided to the Minister’s representative. However, you must be aware that the documents in your file cannot be changed if they were recorded incorrectly by immigration officials.

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