The Immigration Appeals Division (IAD) is the division of the IRB that hears and decides appeals on different immigration matters. These appeals are related to sponsorships, removal orders and residency obligations.
The Immigration Appeals Division (IAD) is the division of the IRB that hears and decides appeals on different immigration matters. These appeals are related to sponsorships, removal orders and residency obligations.
When IRCC refuses the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the IAD division of the IRB.
If the family member is inadmissible to Canada, a sponsor may not appeal to the IAD. A family member is considered to be inadmissible to Canada because of:
Sponsorship appeal process
Note: A sponsor or the Minister of Citizenship and Immigration may apply to the Federal Court of Canada for a leave, or permission, for judicial review of the IRB’s decision. After judicial review, the application may be dismissed or returned to the IAD for re-hearing.
When a permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa is ordered to remove from Canada, he or she may appeal to the IAD of the IRB
Not everyone is eligible to appeal removal order to the IAD. A person may not able to appeal, if he or she has been found inadmissible to Canada because of:
Removal order appeal process:
Note: The appellant or the Minister’s counsel may apply to the Federal Court of Canada for leave, or permission, for judicial review of any IRB decision. After the review, the Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.
The IRPA requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident has not met his residency obligation, the person may lose his or her permanent resident status. A person then may appeal the IRCC decision.
Residency Obligation Appeal Process
Note: The appellant or Minister’s counsel may apply for leave, or permission, from the Federal Court of Canada for judicial review of any IAD decision. After judicial review, the Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.
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