Overview

The Immigration Appeal Division (IAD) is responsible for adjudicating appeals related to immigration issues, which encompass sponsorships, removal orders, and residency requirements. Simply put, you can appeal against the decision on your application

1. If your application to sponsor a close relative has been refused
2. If you have been found to not have met your permanent residency obligations
3. If a removal order has been issued against you.

An appeal is permissible when the decision being contested was incorrect either in terms of legal interpretation or factual assessment, in instances where a fundamental principle of natural justice was violated (such as the right to a fair hearing or impartial adjudication), or in certain situations, based on humanitarian and compassionate grounds. As the first step, you must file the notice of appeal form. After your case is assessed, you will proceed for Alternative Dispute Resolution (ADR) or a hearing.

 

Sponsorship appeal

• Eligibility: You need to be a Canadian citizen or a permanent resident who has had their applications to sponsor close family members to come to Canada denied.
• Positive Decision: IRCC will process the sponsorship application as per the IAD’s decision.
• Deadline: 30 days—you have 30 days from the date your family member received the IRCC refusal letter to file your Notice of Appeal.

 

Removal order appeal

• Eligibility: A permanent resident, convention refugee, protected person, or foreign national with a permanent resident visa who has been ordered removed from Canada is eligible to appeal.
• Positive decision: The applicant can stay in Canada.
• Deadline: 30 days—you have 30 days from the date your family member received the IRCC refusal letter to file your Notice of Appeal.

 

Residency obligation appeal

• Eligibility: Those permanent residents who have seemingly not met their residency requirements can make an appeal.
• Positive Decision:The applicant’s permanent resident status will be maintained.
• Deadline: You have 60 days from the date you received the refusal in writing to file your Notice of Appeal.

 

Who is ineligible to apply?

Appeals for sponsorship are not available to individuals who have been deemed inadmissible to Canada due to:

• Serious criminality resulting in a sentence of six months or more of imprisonment, or if they have been convicted of an offense outside Canada or committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.
• Organized criminality.
• Security concerns.
• Violations of human or international rights.
• Misrepresentation.

Negative Decision (for all categories):If the appeal is rejected, the sponsor has the option to challenge the Immigration Appeal Division's (IAD) decision by seeking permission from the Federal Court to initiate a judicial review of the IAD's ruling.

 

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) refers to the process of attempting to settle an immigration dispute without the need for a formal hearing. The primary objective is to efficiently, expeditiously, and fairly resolve the appeal.

An Alternative Dispute Resolution conference is essentially a meeting that is less lengthy and less formal compared to a traditional hearing. ADR conferences can be scheduled more promptly than formal hearings. If your appeal can be successfully resolved through this method, you may avoid the necessity of undergoing a hearing.

It's important to note that not all appeals are suitable for Alternative Dispute Resolution. The Immigration Appeal Division (IAD) will only opt for an ADR conference when it believes there is a possibility of resolving the appeal without proceeding to a full hearing.

FAQs