The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) hears appeals on immigration-related matters. There are several types of appeals that are heard by the IAD:
- Appeals of family class sponsorship applications refused by officials of Immigration, Refugees and Citizenship Canada (IRCC).
- Appeals of removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas.
- Appeals by permanent residents who have been found by an IRCC official outside of Canada not to have fulfilled their residency obligation.
- Appeals by the Minister of Public Safety of decisions at admissibility hearings by the IRB’s Immigration Division (ID) where the ID made a decision that a person is not inadmissible.
The IAD may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice. In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate considerations, which includes taking into account the best interests of a child directly affected by the decision being appealed to the IAD. In a removal order appeal, the IAD may also give special relief by staying the removal order with conditions. If the IAD does not allow an appeal or stay the removal order made against the appellant, the IAD will dismiss an appeal.