Immigration Appeal Division (IAD)
Statutory definition
Section 62 of the Immigration and Refugee Protection Act, SC 2001, c 27, establishes the Immigration Appeal Division. Section 63 sets out who may appeal to the IAD. Section 67 provides that the IAD may allow an appeal if it is satisfied that the decision was wrong in law or fact, or may grant a stay of removal on equitable grounds including humanitarian and compassionate considerations.
Explanation
The Immigration Appeal Division (IAD) has jurisdiction over:
- Appeals of removal orders by permanent residents (except where serious criminality bars the appeal)
- Sponsorship refusals for family class members
- Residency obligation determinations (whether a permanent resident has met the 730-day residency requirement)
- Certain removal orders involving non-permanent residents
The IAD may allow an appeal on legal grounds, factual grounds, or on the basis of "other considerations" (humanitarian and compassionate factors). This equitable jurisdiction allows the IAD to grant a stay even where the legal grounds fail, if humanitarian circumstances warrant it.
How this term is used
IAD appeals on removal orders must be filed within 30 days of service of the removal order. For sponsorship refusals, the appeal period is 30 days after receiving the refusal. The IAD may grant a conditional stay of removal, requiring the appellant to meet certain conditions over a period before the appeal is disposed of or dismissed.