The Immigration Appeal Division has to hold a hearing on a residency obligation appeal, and it is not tied to courtroom rules of evidence. If it decides a permanent resident appealing from abroad needs to be there in person, it can order that, and an officer then issues a travel document so they can come.
(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.