The Immigration Appeal Division (IAD) of the Immigration and Refugee Board hears the immigration appeals authorized by the Immigration and Refugee Protection Act, including eligible sponsorship refusals, removal orders, residency-obligation decisions and Minister’s appeals from Immigration Division decisions.
IAD jurisdiction
- Sponsorship appeals under IRPA subsection 63(1)
- Removal-order appeals by persons with a statutory appeal right
- Residency-obligation appeals from decisions made outside Canada
- Minister’s appeals of Immigration Division admissibility decisions
Current filing periods
A sponsorship appeal generally must be filed within 30 days after receipt of the refusal. A removal-order appeal generally must be filed within 30 days after receipt of the removal order. A residency-obligation appeal from an overseas determination generally must be filed within 60 days after receipt of the written decision.
How an IAD appeal proceeds
After an appeal is started, an appeal record is prepared. Under the current IAD Rules, the Minister generally has 60 days to provide the appeal record in sponsorship and residency-obligation appeals, and 30 days in removal-order and Minister’s appeals. Some matters may be considered for informal resolution or Alternative Dispute Resolution before a full hearing.
What the IAD can consider
Depending on the statutory appeal, issues may include errors of law or fact, natural justice and, where the IAD has jurisdiction, humanitarian and compassionate considerations. Statutory restrictions can remove an IAD appeal right in specified inadmissibility cases.
Explore specific IAD appeals
Where a removal order follows an admissibility hearing, the right to appeal to the IAD depends on immigration status, the ground of inadmissibility and statutory restrictions. See Removal Order Appeals for further information.
Counsel Harjeet Arora, RCIC-IRB, represents clients before the Immigration Appeal Division within the regulated scope of practice. Where a later Federal Court remedy must be assessed, the Court proceeding through Fourth Dimension Immigration is handled by FDI’s in-house lawyer authorized to practise before the Court.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.