The Immigration Appeal Division must hold a hearing for appeals about removal orders made against permanent residents. It is not bound by strict rules of evidence and can base its decisions on any evidence it finds credible, giving it broad flexibility in weighing the facts.
(1)The Immigration Appeal Division, in any proceeding before it, (a)must, in the case of an appeal under subsection 63(4), hold a hearing; (b)is not bound by any legal or technical rules of evidence; and (c)may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.
(2)In the case of an appeal by a permanent resident under subsection 63(4), the Immigration Appeal Division may, after considering submissions from the Minister and the permanent resident and if satisfied that the presence of the permanent resident at the hearing is necessary, order the permanent resident to physically appear at the hearing, in which case an officer shall issue a travel document for that purpose.