Immigration Appeal Division (IAD)
In certain types of immigration cases, a negative decision can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, which is an independent administrative tribunal. Such appeals are available to those who are citizens or permanent residents of Canada, or persons who have been granted refugee status.
The IAD hears cases on the following issues:
- Sponsorship Appeals (Outland Spousal Appeal, Parental Sponsorship Appeal)
- Residency Appeals (Permanent Residents who do no meet the Residency Obligation and were found Inadmissible to Canada)
- Removal Order Appeals
In order for the Immigration Appeal Division (IAD) to review your decision, you must obtain leave after they have reviewed your documents. During this stage of the process, you must demonstrate to the IAD that an error was made or that the decision was in some way unfair or unreasonable. Once leave has been established, you and your immigration lawyer can attend a hearing before the IAD to further explain your reasons for appealing.
Sponsorship Appeals
After receiving notice that your Sponsorship application was refused, you have 30 days to file an appeal. After this time, nothing can be done and the previous decision is upheld.
The Appeal will be approved or dismissed:
If the appeal is approved, your case will continue at IRCC for processing. If you are subject to a secondary refusal at the IAD, you may begin the appeal process again in Federal Court.
Residency Obligation Appeals
- 60 days to appeal
- IAD member will hold a hearing
- Appeal may be : Allowed, permanent resident status restored • Dismissed, status will be revoked and, should the appellant be in Canada, a removal order will be issued.
Removal Order Appeals
- If a permanent resident has been found to be inadmissible for criminality, misrepresentation, or other immigration offences,and is ordered removed from Canada, an appeal may be made to the IAD within 30 days of receipt of the removal order.
- Persons who appeal to the Immigration Appeal Division must attend a hearing, either in person or by teleconference. Appellants will be permitted to present new evidence in support of their case, may personally testify, call witnesses, and be represented by a lawyer.
- The IAD will consider whether the negative decision was legally made, and may also consider Humanitarian and Compassionate factors related to the case. If the IAD decides that the decision was wrongly made, or there exist sufficiently compelling Humanitarian and Compassionate factors, it will overturn the original decision and send the case back to be re-decided in accordance with its findings. If the IAD dismisses the appeal, a further appeal of the IAD’s decision may be made to the Federal Court.