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.
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:
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.
- Organized crime
- Security grounds
- Violations of human or international rights, or
- Misrepresentation (unless the person you sponsored is your spouse, common-law partner or child)
Starting a sponsorship appeal
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.
More Information
B. I received a removal order from the Immigration Division after an admissibility hearing or during an examination by an immigration officer
If you have received a removal order, you may be able to appeal your removal to the Immigration Appeal Division (IAD) in order to explain why you should be able to stay in Canada. This is known as a removal order appeal (subsections 63(2) and 63(3) of the IRPA).
Who can appeal
In order to make a removal order appeal, you must have received a removal order and you are:
- A permanent resident of Canada
- A foreign national with a permanent resident visa, or
- A Convention Refugee or Protected Person
Who cannot appeal
You cannot appeal to the IAD if you have been found inadmissible to Canada due to any of the following reasons:
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.
- Organized crime
- Security grounds
- Violations of human or international rights
How to start a removal order appeal
You have 30 days after receiving the removal order to appeal to the IAD.
To file a removal order appeal, you must submit to the IAD:
- A completed Notice of Appeal form.
- A copy of the removal order you received.
More Information
C. I applied for a permanent resident travel document at an overseas visa office and the application was refused
Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If you are a permanent resident who is outside Canada and a visa officer (also outside Canada) finds that you did not meet your residency obligation, you may lose your permanent resident status.
You can appeal the decision to the Immigration Appeal Division (IAD) in order to explain why you should keep your permanent resident status. This is known as a residency obligation appeal (subsection 63(4) of the IRPA).
Who can appeal
You can make a residency obligation appeal if a Canadian overseas visa office found that you did not meet your residency obligation as a permanent resident.
Who cannot appeal
There are no restrictions or exceptions to make a residency obligation appeal.
However, if you received a removal order inside Canada because you did not meet your residency obligation, you will need to make a removal order appeal.
How to start a residency obligation appeal
You have 60 days after the refusal to appeal to the IAD.
To file a residency obligation appeal, you must submit:
- A completed Notice of Appeal form for each person in your family affected by the decision
- Two copies of the decision from the overseas visa office
More Information
D. I received a decision from the Immigration Division allowing me to stay in Canada, but I have found out that the Minister has appealed that decision
If the Immigration Division decides that you are not inadmissible and can remain in Canada, the Minister of Public Safety can appeal to the Immigration Appeal Division (IAD) within 30 days of the decision. This is known as a Minister’s appeal (subsection 63(5) of the IRPA). You can participate in the appeal in order to explain why you should be able to stay in Canada.
Responding to an appeal
Acting on an appeal by the Minister
When the Minister makes an appeal to the IAD, the Minister is required to provide you notice of that appeal.
The IAD will also send you a letter asking you to confirm your contact information, your counsel information, if any, and the official language in which you want the appeal conducted.
Receiving the appeal record
After receiving the Minister’s notice of appeal, the IAD will request the appeal record from the Immigration Division.
The appeal record contains all the information related to the decision to allow you to remain in Canada. The Immigration Division must provide it to you and the IAD within 45 days from the date requested.
