The IAD (Immigration Appeal Division) is a division of the IRB (Immigration and Refugee Board), a separate tribunal established to manage immigration issues. It is not affiliated in any manner with the Canada Border Services Agency (CBSA) or the federal immigration department (IRCC). A judge or “member” of the IAD renders the decisions regarding immigration appeals.
The Immigration Appeal Division hears various immigration appeals involving citizens or permanent residents of Canada. These include appeals of removal orders, refusals of family sponsorship applications, and appeals of residency obligation.
The Appeal Of Sponsorship
If the IRCC rejects the request to sponsor a close relative’s immigration to Canada, permanent residents or citizens of Canada may appeal the decision to the Immigration Appeal Division. Not all sponsorship requests are subject to appeal. For instance, if a parental sponsorship application was turned down due to misrepresentation, there is no appeal process available. You can take a consultation form a professional immigration lawyer for legal advice who specializes in protecting your rights and will help you with the appeal procedure.
For spousal sponsorships, the most frequent cause for denial is that it is assessed that the connection is not sincere. However, family sponsorship applications may be denied for a variety of reasons. It’s crucial to obtain fresh evidence in this kind of appeal to demonstrate that the relationship is, in fact, legitimate. At the appeal hearing, both the sponsor and the foreign spouse will be permitted to give testimony and make an effort to refute the conclusions of the immigration officer who denied their application.
Deportation Orders Appeal
A Canadian permanent resident who receives a removal order from the immigration authorities may appeal the decision in order to remain in Canada and keep their permanent resident status, especially if they have committed a serious crime or made false statements. However, not all removal orders can be appealed. Appeals are not permitted where a person is declared inadmissible owing to a conviction for a major criminal act punishable by imprisonment for 6 months or more in Canada, association with organized crime, inadmissibility on security reasons, or misconduct of human and international rights.
A removal order cannot be appealed to the Immigration Appeal Division by foreign nationals who lack a visa for permanent residence. If foreign nationals feel the removal order was issued incorrectly, they may alternatively appeal to the Federal Court.
Following an appeal hearing, the Immigration Appeal Division may grant the removal order appeal and allow the person to remain in Canada. If the appeal is denied, the person is deported from Canada. The appeal may also be postponed if the person is permitted to stay in Canada under some conditions.
Appeals Of Residency Obligation
Permanent residents of Canada must have to be physically present in Canada for a total of 730 days (2 years) every five years. The permanent resident status may be revoked if they fail to fulfill the residency criteria. Suppose permanent residents lose their status as a result of not meeting the residency requirement. In that case, they may file an appeal with the Immigration Appeal Division, and if successful, they will be permitted to maintain their status. The permanent resident status would be lost, and the IAD would issue a removal order if the appeal were rejected. The IAD’s decision can be appealed to the Federal Court of Canada for review by the court.
Remember that appeals are only permitted when the decision is deemed incorrect in law or fact, where there has been a violation of natural justice, such as the right to an impartial hearing, or when there are humanitarian or compassionate grounds for the appeal.
The Immigration Appeal Division is a tribunal of justice for immigration issues in Canada. Understanding the IAD process and seeking appropriate legal counsel from immigration lawyers may significantly improve your chances of a successful appeal. Remember that immigration issues can be complicated, so it’s important to tackle them with the right information and tools. The IAD’s role is to defend fairness and Canada’s commitment to its immigration laws, enabling people to establish brighter futures in this multicultural and friendly country.