Immigration Appeal Division (IAD) Canada

The Immigration Appeal Division (IAD) is a part of the Immigration and Refugee Board of Canada that hears and resolves appeals related to immigration. It gives people a chance to challenge certain decisions made by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA).

Types of Appeals Heard by the IAD

The IAD handles various types of immigration appeals:

1. Sponsorship Appeals

• If a family sponsorship application is denied, the sponsor can appeal the decision to the IAD.
• This process lets sponsors provide more proof or point out the mistakes that are made in the decision.

2. Removal Order Appeals

• People with permanent resident status, protected status, or a permanent resident visa who receive a removal order can appeal to the IAD.
• If the appeal is approved, the removal order may be canceled or put on hold under specific conditions.

3. Residency Obligation Appeals

• Permanent residents outside Canada who have not met the required 730 days of residency in 5 years can appeal IRCC’s decision.
• The IAD reviews these cases as well as takes personal and compassionate reasons into account.

4. Minister’s Appeals

• The Minister of Public Safety can appeal decisions made by the Immigration Division (ID) regarding the admissibility of individuals.
• If the IAD agrees with the Minister, the person may not be allowed to stay and could be asked to leave.

The Appeal Process

The IAD follows a structured appeal process, which includes:

1. Filing an Appeal: Individuals must submit a Notice of Appeal within the given deadline.
2. Hearing Preparation: Both the appellant and the Minister’s counsel present evidence, witnesses, and legal arguments.
3. The Hearing: The appeal may be heard through an oral hearing or based on written submissions.
4. Decision: The IAD may allow the appeal, dismiss it, or issue a stay on a removal order under specific conditions.

Legal Representation for IAD Appeals

The IAD appeal process can be complicated, but having a legal expert can improve the chances of success effectively. Immigration consultants and lawyers can help by collecting proof, building a strong case, and speaking on behalf of the applicant during hearings.

If you need the professional assistance with your Immigration Appeal Division (IAD) case, our experienced professionals at CWC can guide you through every step of the process. We are here to help you contact us today for a FREE assessment!