Understanding the Role of the Immigration Appeal Division
The Immigration Appeal Division (IAD) is a critical part of the Immigration and Refugee Board of Canada (IRB), an independent tribunal responsible for making decisions on immigration-related matters. The IAD specifically handles appeals related to immigration decisions, providing a vital mechanism for individuals to challenge decisions that impact their immigration status in Canada.
Jurisdiction of the Immigration Appeal Division
The IAD has jurisdiction over specific types of appeals. These include:
- Sponsorship Appeals: This type of appeal is available to Canadian citizens and permanent residents whose applications to sponsor close family members for permanent residence have been refused by Immigration, Refugees and Citizenship Canada (IRCC). It allows sponsors to contest the refusal and seek a reversal of the decision.
- Removal Order Appeals: Permanent residents, Convention refugees, protected persons, and foreign nationals with permanent resident visas who have been issued removal orders by the Canada Border Services Agency (CBSA) or the Immigration Division (ID) of the IRB can appeal these orders to the IAD. However, those who are inadmissible to Canada for reasons such as serious criminality, organized criminality, security reasons, or violations of human rights are generally not eligible to appeal.
- Residency Obligation Appeals: Permanent residents who have been found by an immigration officer to have failed to meet their residency obligation can appeal to the IAD. The residency obligation generally requires permanent residents to be physically present in Canada for at least 730 days (2 years) within a 5-year period.
- Minister’s Appeals: In cases where the ID makes a decision in favor of an individual, the Minister of Public Safety may appeal the decision to the IAD if there are grounds to believe the decision was incorrect or that it did not adequately consider all relevant factors.
Why Legal Representation is Important
Legal representation is crucial when navigating the complex processes of the IAD. Our experienced immigration lawyers bring expert knowledge of the legal standards and procedures required for a successful appeal, ensuring that your case is well-prepared and supported by strong evidence. We can effectively advocate on your behalf, making compelling legal arguments, and provide personalized guidance tailored to your unique circumstances.