A PR returned to their home country 2 weeks after landing, leaving their accompanying spouse and child in Canada. 15 years later, the PR's application for a PRTD is refused without an opportunity to address the visa officer's concerns. The PR appeals the decision. The PR's spouse, after becoming a citizen, travelled to their home country and stayed with the PR for 903 days in the 5-year period assessed in the PRTD application. What will be the determinative issue during the appeal?

The counsel of record serves as the legal representative for the appellant during the appeal process, providing guidance and presenting arguments. However, they do not have the authority to decide on the case issues themselves; that responsibility lies with the IAD Member.

The IAD Member is the decision-maker in the appeal process, tasked with assessing the case's merits and addressing the specific concerns that led to the refusal of the PRTD application. Their role encompasses evaluating evidence, hearing testimonies, and making determinations based on immigration law and policy.

The Minister's counsel represents the interests of the government in the appeal process, often defending the original decision made by the visa officer. While they may provide arguments and evidence against the appeal, they do not have the authority to decide the case; that function is reserved for the IAD Member.