Immigration Appeal Division (IAD) Canada

Who Can Appeal to the IAD?

• Removal order appeals — permanent residents and protected persons who have received a removal order (with some exceptions).
• Residency obligation appeals — permanent residents found to have breached the 730-day residency obligation.
• Sponsorship refusal appeals — Canadian citizens and permanent residents whose family sponsorship application was refused.
• Minister's appeals — CBSA can appeal certain decisions it believes are wrong.

Who Cannot Appeal to the IAD?

You cannot appeal a removal order to the IAD if you are inadmissible on grounds of:

• Security (e.g., terrorism, espionage).
• Serious criminality — sentenced to 6 months or more imprisonment in Canada, or for an offence with a maximum of 10+ years.
• Organized criminality.
• Human rights violations.

In these cases, your only recourse may be a Pre-Removal Risk Assessment (PRRA) or Federal Court judicial review.

Removal Order Appeals — What the IAD Considers

The IAD can allow a removal order appeal if it is satisfied that:

• The decision was legally wrong (legal error), or
• There are sufficient humanitarian and compassionate (H&C) grounds to warrant special relief.

H&C factors include: length of time in Canada, degree of establishment, family relationships, best interests of children, and hardship if removed.

The IAD Hearing Process

1. File a Notice of Appeal within 30 days of the removal order (or 60 days from outside Canada for residency appeals).
2. Exchange documents with the Minister's counsel (CBSA).
3. Attend a hearing before an IAD Member.
4. Receive a decision — the IAD can allow the appeal, dismiss it, or stay a removal order on conditions.

Stays of Removal

Even if the appeal is not fully allowed, the IAD can stay the removal order for a period of time with conditions (e.g., no further offences, report to CBSA). If conditions are met, the stay can become a permanent stay and the removal order loses effect.