Immigration Appeal Division Canada
Immigration Appeal Division of Canada
The Immigration Appeal Division (IAD) is an administrative tribunal in Canada that operates under the authority of the Immigration and Refugee Protection Act (IRPA). Its primary mandate is to provide an independent review of certain decisions made by the Immigration, Refugees and Citizenship Canada (IRCC), including:
- Refusals of permanent residency applications
- Revocation of permanent residency status
- Refusals of sponsorship applications for spouses, partners, and children
The IAD provides a formal process for individuals to appeal these decisions if they believe that the decision made by the IRCC was incorrect or unfair. Individuals have a specific period of time to file an appeal with the IAD, and the process involves a hearing before a panel of members who are independent from the IRCC.
The IAD is responsible for determining whether or not the decision made by the IRCC was reasonable, and may consider a wide range of factors in making their decision, including humanitarian and compassionate considerations. If the IAD decides that the decision made by the IRCC was incorrect or unfair, they may overturn the decision or refer the case back to the IRCC for reconsideration.
Overall, the IAD plays an important role in ensuring that the immigration system in Canada operates fairly and that individuals are provided with an opportunity to appeal certain decisions that may affect their immigration status.
The types of appeals that can be made to the IAD include:
- Sponsorship appeals:
These appeals are related to sponsorship applications for spouses, common-law partners, and family members. The sponsor can appeal a decision by Immigration, Refugees and Citizenship Canada (IRCC) to reject a sponsorship application.
- Removal order appeals:
These appeals are related to removal orders issued by the Canada Border Services Agency (CBSA). A person facing a removal order can appeal to the IAD to have the order cancelled, stayed or to apply for permanent residence on humanitarian and compassionate grounds.
- Residency obligation appeals:
These appeals are related to permanent residents who are facing the loss of their status due to failure to meet the residency obligation of spending at least 730 days in Canada in every five-year period.
- Security certificate appeals:
These appeals are related to individuals who have been detained or are facing removal from Canada due to national security concerns.
Here are some important points to keep in mind regarding appeals to the Immigration Appeal Division:
- Deadlines:
There are strict deadlines for filing an appeal to the Immigration Appeal Division. It is important to ensure that the appeal is filed within the required time frame to avoid the appeal being dismissed.
- Grounds for appeal:
The grounds for appeal are limited to errors of law, fact, or mixed law and fact. The appeal cannot be used to introduce new evidence or to re-argue the case.
- Representation:
It is not mandatory to have legal representation for an appeal, but it is recommended to have a lawyer or a consultant who is familiar with the appeal process to guide and assist you.
- Evidence:
The appeal will be based on the evidence that was presented in the original application or hearing. However, there may be an opportunity to present new evidence if it is relevant to the grounds for appeal.
- Hearings:
Hearings at the Immigration Appeal Division are generally held in person, but they may also be conducted by phone or video conference. The appellant and the decision-maker will have an opportunity to make their arguments and present their evidence.
- Decision:
The Immigration Appeal Division will make a decision on the appeal based on the evidence presented and the grounds for appeal. The decision may uphold the original decision, overturn it, or send it back for further review.
- Further appeals:
If the appeal is not successful, there may be further options for appeal, such as judicial review or an appeal to the Federal Court of Canada.