ICS is a private immigration service provider for individuals wishing to immigrate to Canada. Our services include but are not limited to application review, document preparation and submission, and immigration consultation.
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Overview:
The Immigration Appeal Division (IAD) is an independent administrative tribunal that hears appeals from decisions made by the Refugee Protection Division (RPD) and the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB). The IAD was created by the Immigration and Refugee Protection Act (IRPA) in 2001.
The IAD hears appeals on a variety of immigration matters, including:
Refusal of refugee protection
Removal orders
Residency obligations
Ineligibility for a visa or permanent residence
The IAD comprises a chairperson and up to 25 members appointed by the Minister of Immigration, Refugees, and Citizenship. Members of the IAD are required to have legal training and experience.
An appeal to the IAD must be filed within 30 days of the decision being made by the RPD or ID. A panel hears the appeal of three members of the IAD. The panel will review the case record and hear oral arguments from the appellant and the IRB.
You are Eligible to Appeal - Sponsorship Appeals!
Permanent residents or Canadian citizens whose family sponsorship application has been denied by the IRCC can appeal against the decision to the IAD. It includes their family members, like a spouse, Grad Parents, Parents, Child, Minor orphaned brother or sister.
There are many reasons why a family sponsorship application may be denied. Still, the most frequent cause for spousal sponsorships is adetermination that the relationship is not authentic. It is crucial to gather additional evidence confirming the relationship’s legitimacy to appeal such a decision.
To appeal a sponsorship decision, you must file a Notice of Appeal with the IAD within 30 days of making the decision. The Notice of Appeal must be put in writing and must include the following information:
Your name and contact information
The name of the person you are appealing the decision for
The date and place of the decision
The reason for the appeal
After submitting your Notice of Appeal to the IAD, a hearing will be scheduled where you can present your case to a panel of three IAD members. Their decision will determine whether the original decision will be upheld or overturned.
You are Eligible to Appeal — Removal Order!
Being a permanent resident, a refugee, or a foreign citizen with a permanent residence visa, you possess every right to appeal against a removal order to the Immigration Appeal Division (IAD). You have 30 days to appeal against the removal order.
In contrast, your appeals can be denied on the following grounds:
Serious Criminality
Security Grounds Human or International Rights Violations
If your appeal is rejected, a removal order will be issued but temporarily put on hold. To remain in Canada, you must agree to abide by certain conditions for some time.
If your appeal is approved, the removal order will be lifted, and you will get permission to remain in Canada.
You are Eligible to Appeal — Residency Obligation!
If you’re a permanent resident, you have the option to challenge a decision made outside of Canada regarding your residency obligation under section 28 of the Immigration and Refugee Protection Act by appealing to the Immigration Appeal Division.
Appeals by individuals who have lost their permanent resident status due to failure to comply with their residency obligation (when staying outside Canada for too long) or due to misrepresentation. For example, a person who has lied in their application forms about a criminal record or about his/her relationship with a spouse) to immigration authorities.
To speed up the processing of appeal cases, the hearings officer should promptly determine the grounds for appeal to be presented before the IAD. This includes identifying whether the appeal is based on a legal challenge or if compassionate or humanitarian reasons justify granting extraordinary relief. It could even be both.
Frequently Asked Questions (FAQs)
How do I know if I have a right of appeal to the IAD?
You have a right of appeal to the Immigration Appeal Division (IAD) if:
You are a permanent resident or a protected person who has been ordered removed from Canada.
You are a foreign national who holds a valid permanent resident visa and has been ordered removed from Canada.
You are a permanent resident who has lost your status due to a failure to comply with the residency requirement; or
You are a sponsor who has had an application to sponsor a family member refused.
What are the grounds for an appeal for the IAD?
The Immigration Appeal Division (IAD) hears appeals of decisions made by the Immigration and Refugee Board (IRB).
There are four types of appeals that the IAD can hear:
Sponsorship Appeals
Removal Order Appeals
Residency Obligation Appeals
Ministerial Appeals
How long does an IAD appeal take?
The processing time for an IAD appeal can vary depending on factors such as the case's complexity, the number of appeals pending before the IAD, and the availability of IAD members. However, IAD appeals can generally take several days (30) to months (6) to be resolved.
What are the circumstances of the IAD appeal?
The circumstances of an IAD appeal can vary widely, but some common reasons for appeal include the following:
Errors in law or fact made by the decision-maker
Failure to consider all relevant evidence
Violation of natural justice
Humanitarian and compassionate considerations