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.
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IMMIGRATION APPEAL DIVISION
A) SPONSORSHIP APPEALS
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:
- Security grounds
- Involvement in organized crime
- A serious criminal offence punished in Canada by a term of imprisonment of two years or more
- Violations of human or international rights, or
- Misrepresentation
Sponsorship appeal process
- 1. Canadian citizen or a permanent resident applies to the IRCC to sponsor a family member and application gets refused
- 2. Sponsor files an appeal with the IRB within 30 days
- 3. IAD decision-maker considers the appeal
- 4. Decision is made by IAD decision-maker:
- 4.1. Appeal is dismissed, or
- 4.2. Appeal is allowed:
- i. IRCC grants permanent resident visa
- ii. IRCC denies permanent resident visa on other grounds
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.
B) REMOVAL ORDER APPEALS
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:
- Involvement in organized crime
- Security grounds
- A serious criminal offence punished in Canada by a term of imprisonment of at least six months, or
- Violations of human or international rights
Removal order appeal process:
- A person is ordered to remove from Canada
- A person files appeal of removal order with the IRB within 30 days
- IAD decision-maker considers the appeal
- Decision is made by IAD decision-maker:
- 4.1. Appeal is dismissed, a person may be removed from Canada
- 4.2. Appeal is allowed, a person may remain in Canada
- 4.3. Removal order is suspended with conditions, appellant may remain in Canada temporarily
- a. IAD decision-maker reviews suspension and reconsiders the appeal
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.
C) RESIDENCY OBLIGATION APPEALS
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
- IRCC officer outside Canada decides that the permanent resident has violated his/her residency obligation
- Permanent resident appeals decision to IRB within 60 days
- IAD decision-maker hold a hearing (appellant may or may not be in Canada)
- Decision is made by IAD decision-maker:
- 4.1. Appeal is allowed; the appellant retains permanent resident status
- 4.2. Appeal is dismissed; the appellant loses his/her permanent resident status
- a. If appellant is in Canada, IAD issues removal order.
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.