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Did IRCC:
- Refuses your application of sponsorship for your close family member? Or
- Ordered you to remove from Canada? Or
- Decided that you have violated your residency obligation and cancel your permanent residency?
If your answer is yes, you can appeal to the Immigration Appeal Division (IAD). The IAD is the division of the IRB that hears and decides appeals on the above matters.
Sponsorship Appeal
While you sponsor your close family member whose permanent residence application is refused by IRCC. You may want to appeal this decision to IAD to know the reason for refusal and why the application should be accepted.
Who Can Appeal?
The person who makes sponsorship appeal to IAD, he/she must be a permanent resident or Canadian citizen.
Who Cannot Appeal?
The sponsor cannot appeal if his/her family member was found inadmissible to Canada due to;
- Involvement in organized crime
- Security grounds
- Serious criminality
- Violations of human and international rights, or
- Misrepresentation
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Read MoreHow This Process Works?
- After getting a refusal, the sponsor can appeal to IAD in a notice of appeal form within 30 days of the refusal.
- Once the notice of appeal has been received, the decision-makers of IAD consider the appeal.
- After analyzing all the information, they make the decision, such as;
- The appeal is allowed so IRCC can;
- Grants permanent resident visa or
- Denies permanent resident visa on other grounds
- The appeal is dismissed.
- The appeal is allowed so IRCC can;
Removal Order Appeals
If a permanent resident of Canada or refugee or foreign national is ordered to remove from Canada, they may want to appeal to IAD.
Who Cannot Appeal?
A person cannot appeal if he/she has been found inadmissible to Canada due to involvement in;
- Organized crime
- Security grounds
- Serious criminality
Violations of human and international rights
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- A person can file an appeal on removal order through a notice of appeal form to IAD within 30 days of the removal order.
- IAD considers the appeal after receiving notice of appeal.
- The decision-makers of IAD make the decision, such as;
- The appeal is allowed so that the person can stay in Canada
- The appeal is dismissed so that the person may be removed from Canada
- A removal order is postponed with due conditions so that the appellant may remain in Canada temporarily. IAD reconsiders the appeal.
Residency Obligation Appeals
As a permanent resident, a person has to stay physically in Canada for at least 730 days out of every five years. This condition is called residency obligation. If you don’t meet your residency obligation, you may lose your PR status. In such a case, you may want to appeal to IAD for the IRCC decision.
How This Process Works?
- IRCC officers outside Canada make residency obligation violation decision.
- After the IRCC decision, the permanent resident appeals to IDB within 60 days.
- The decision-makers from IAD hold the hearing and decides;
- The appeal is allowed, so the appellant retains his/her PR status
- The appeal is dismissed, so the appellant loses his/her PR status. Then IAD issues a removal order if the person is in Canada.
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