Immigration Appeal Division (IAD)
Statutory definition
Part 4 of the Immigration and Refugee Protection Act, SC 2001, c 27 (ss 62–71) establishes the Immigration Appeal Division (IAD) as a division of the Immigration and Refugee Board. The IAD has jurisdiction to hear: (a) appeals from refused family class sponsorships; (b) appeals from removal orders against permanent residents, protected persons, and Convention refugees and persons in similar circumstances; (c) appeals from certain removal orders made at an admissibility hearing; and (d) residency obligation appeals from permanent residents abroad.
Explanation
The Immigration Appeal Division (IAD) provides an appeal mechanism within the IRB for immigration decisions affecting established members of Canadian society. Key features:
- Sponsorship appeals — where IRCC refuses a family class sponsorship application, the sponsor (not the applicant) may appeal to the IAD; the IAD can allow the appeal, dismiss it, or substitute its discretion on humanitarian and compassionate grounds
- Removal order appeals — permanent residents, protected persons, and Convention refugees against whom a removal order is made (other than on security or serious criminality grounds) may appeal to the IAD
- Residency obligation appeals — permanent residents who have not met their residency obligation (730 days in 5 years) may appeal a visa officer's or officer's finding; the IAD may allow the appeal on humanitarian and compassionate grounds
- Special relief — the IAD has broad discretion to stay a removal order and impose conditions, including a supervised release arrangement
Persons found inadmissible on grounds of security, violating human or international rights, serious criminality, or organized criminality have no right of appeal to the IAD.
How this term is used
IAD appeals are governed by the Immigration Appeal Division Rules, SOR/2002-230. Time limits apply: most appeals must be filed within 30 days of the decision. Counsel is not provided by the Board; parties may retain their own representative (a lawyer or RCIC). The IAD can hear fresh evidence not before the original decision-maker, making it a de novo review on the merits in addition to a review for error.