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Immigration Appeal Division

The Immigration Appeal Division (IAD) is a part of the Immigration and Refugee Board Canada and is considered the largest tribunal of the country. Its primary duties involve hearing and deciding appeals on different immigration issues, such as immigration matters removal orders, sponsorship applications, and residency obligations. The cases IAD hears are called “De Novo,” which means “from the beginning.” So, the appellant is asked to present evidence provided by the tribunal on a new hearing that was not required before the case rejection. In certain conditions, the IAD has the power to allow appeals based on humanitarian and compassionate contemplations. Also, the appeal tribunal may force its own decision instead of the visa official. For the judicial review of any IRB decision, the Minister’s counsel or appellant may apply to the Federal Court of Canada for permission; or leave. After the judicial review, the Federal Court of Canada will have the choice to reject the application or return it to the IAD for rehearing.

Sponsorship Appeals

If the Immigration, Refugees and Citizenship Canada (IRCC) refuses the sponsorship application of close relatives to immigrate to Canada, the permanent residents or citizens may appeal decision to IAD. But keep in mind that not all applications can be appealed. For example, in the parental sponsorship case, if the application was denied due to misrepresentation, then there is no chance to appeal. It is important to consult an attorney for such cases to verify the rights of the existing cases and get help with the appeal process. There might be various reasons for the rejection of the family sponsorship application. Still, for spousal sponsorships, the most common reason is that the relationship is deemed not to be real. In order to avoid rejection, you must show some evidence that proves you have a genuine relationship. Once accepted, both the foreign spouse and sponsor will be permitted to affirm at the hearing of the appeal hearing and can attempt to address the findings of the immigration officer who refused their case.

Removal Order Appeals

If a permanent resident committed a crime or any false action that affected another person, immigration authorities instantly notify him/her about the removal order. The affected person can appeal to Immigration Appeal Division (IAD) to maintain his/her permanent residency status and let him stay in Canada. But now, all cases are permitted to appeal. For example, you can not appeal who is found inadmissible due to a serious crime and is punished at least six months in prison. Foreign residents can only appeal to the Federal Court if they think that the notice was issued mistakenly; otherwise, to appeal, they must have a permanent resident visa. After hearing, if the person is found guilty, a removal order appeals notice sustains, and the person is removed from Canada. And, if no evidence is discovered, the removal order is dismissed, and the person is allowed to stay in Canada.

Residency obligation appeals

It is compulsory for permanent Canadian residents to physically be present in the country for at least 730 days (2 years) out of every five years. If they do not meet the residency requirement, they are suspected of their permanent resident status. Permanent residents can also file an appeal against permanent residency to the IAD. If their appeal is approved, this means they are permitted to maintain their status. If dismissed, they will lose their status, and the IAD will issue a removal order.

How Can Move Immigration Services Help

At Move Immigration Services, we have qualified professionals who have been serving our clients on appeals to the Immigration Appeal Division for decades. Our firm prides itself on the achievements we have accomplished lately through our in-depth knowledge of the legislation and case law.
Feel free to contact us if you need assistance regarding the Immigration Appeal Division.

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