Appeals

The IAD (Immigration Appeal Division) is an administrative tribunal that reviews decisions made under IRPA (Immigration and Refugee Protection Act). This Division is part of the Immigration and Refugee Board and is completely independent of Citizenship and Immigration Canada.
IAD reviews the following matters:

  • refusal of a sponsorship application for members of the family class;
  • removal orders made against foreign nationals who hold permanent resident visas;
  • removal orders made against permanent residents and protected persons at an examination or admissibility hearing;
  • Minister’s appeal of a decision made by a member of the Immigration Division and appeals of overseas decisions on loss of permanent resident status.

The IAD examines cases for possible errors in law, in fact, and mixed law and fact, or for failure to observe a principle of natural justice. It also has the authority to reverse valid decisions on the grounds that there are humanitarian and compassionate considerations that warrant granting special relief under its equitable jurisdiction. It should be noted, however, that if the IAD determines that the applicant is not a member of the family class or that their sponsor is not a sponsor within the meaning of the Regulations, it cannot exercise its equitable jurisdiction to consider humanitarian and compassionate factors [A65].

Please contact us for more details if you are interested in applying to IAD or fill out our Free Assessment form online.