The Immigration Appeal Division (IAD)

The Immigration Appeal Division (IAD) hears appeals on immigration-related matters, including sponsorships, removal orders and residency obligations.

The Immigration Appeals Division (IAD) is the division of the IRB that hears and decides appeals on different immigration matters. These appeals are related to sponsorships, removal orders and residency obligations.

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Filing an immigration appeal

To find out how to make an immigration appeal and the broader appeal process, please select the situation that applies to you:

Find out If You Are Eligible

A. I sponsored a family member and their application for permanent residence was refused

If you have sponsored a family member whose application for permanent residence was refused, you may want to appeal that decision to the Immigration Appeal Division (IAD) in order to explain why the visa application should be accepted. This is known as a sponsorship appeal (subsection 63(1) of IRPA).

Who can appeal

You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC).

Who cannot appeal

You cannot appeal if the person you sponsored was found inadmissible to Canada because of:

Serious criminality, which is defined as having:

been punished in Canada by a sentence of six months or more of imprisonment, or
been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.

How to start an appeal

You have 30 days after receiving the refusal letter to appeal to the IAD.

To file a sponsorship appeal, you must submit:

A completed Notice of Appeal form.
A copy of the IRCC refusal letter sent to the person you sponsored.