Immigration Appeal Division (IAD) Appeals
What is an IAD appeal?
The Immigration Appeal Division (IAD) hears immigration-related issues such as sponsorships, removal orders, and residency obligations. The scenarios are as follows:
- A sponsored family member's application for permanent residence was denied.
- After an admissibility hearing or during an interview with an immigration officer, received a removal order from the Immigration Division.
- Application for a permanent resident travel document was denied at an overseas visa office.
- Obtained a decision from the Immigration Division allowing the person to remain in Canada, but found out recently that the Minister has appealed that decision.
Need for IAD
The Immigration and Refugee Protection Act (IRPA) of Canada allows an appeal to the IAD in order to:
- guarantee that prescribed groups of those ordered to leave Canada following an examination or admissibility hearing have had a full hearing on the accusations against them.
- ensure that the reunion in Canada of Canadians and permanent residents with their close relatives from abroad is facilitated by providing a review of refusals of sponsored applications for permanent residence from members of the family class through an appeal.
- allow an oral appeal to the IAD for loss of residency status rulings made both within and outside Canada and ensure that the rights of permanent residents are given due attention.
The IAD hears cases on the following issues:
- Sponsorship Appeals (Outland Spousal Appeal, Parental Sponsorship Appeal)
- Residency Appeals (Permanent Residents who do not meet the Residency Obligation and were found Inadmissible to Canada)
You must acquire leave after the Immigration Appeal Division (IAD) has evaluated your documentation in order for them to review your judgement. During this stage of the rocedure, you must show the IAD that an error was made or that the judgement was unfair or unreasonable in some way. Once leave has been granted, you and your immigration attorney can appear before the IAD to explain your reasons for appealing.
- You have 30 days after getting notification that your Sponsorship application has been denied to file an appeal. Nothing can be done after this, and the previous judgement is upheld.
- The appeal will be granted or denied. If your appeal is successful, your case will be transferred to CIC for processing. If you receive a secondary denial at the IAD, you may re-file in Federal Court.
Residency Obligation Appeals
- 60 days to appeal
- IAD member will be holding a hearing
- Permanent resident status will be restored if the appeal is allowed. If dismissed, status will be revoked and, if the appellant be is Canada, a removal order will be issued.
Requests to fly back to Canada for the hearing
Permanent residents who do not meet the residence criteria may request a travel document throughout the 60-day appeal period, even if they have not filed an appeal. Even if they have not yet filed an appeal, people in this position would be able to enter Canada during the 60-day appeal period. The port of entry will notify the hearings office in such circumstances. Hearings offices should keep an eye on the file to see if an appeal is filed. If an appeal is not submitted within 60 days, the matter should be referred to the CBSA for review.
If an appellant is not qualified for a travel document under A31(3)(c), they must apply to the IAD for permission to return to Canada for their hearing [IAD rule 46(1)].
Applications must be filed with the IAD and the Minister no later than 60 days after the notice of appeal is filed.