The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada hears appeals from certain persons who have been ordered removed from Canada. The IAD may allow the appeal, stay the removal order (suspend it with conditions), or dismiss the appeal. It is an independent administrative tribunal with broad discretion to consider humanitarian and compassionate factors.

The right to appeal a removal order to the IAD is not universal — it is limited to permanent residents, protected persons, and foreign nationals who hold a valid permanent resident visa at the time the removal order was made. Foreign nationals who do not hold PR status (for example, temporary residents) generally do not have a right of appeal to the IAD against a removal order.

An important exception: where the removal order is based on serious criminality (a conviction carrying a maximum sentence of at least 10 years, or a sentence of more than 6 months actually imposed), there is no right of appeal to the IAD under IRPA s 64.

The IAD's jurisdiction and powers are established in IRPA ss 63–71. Section 63 sets out who has the right to appeal. Section 67 governs the grounds on which the IAD may allow an appeal (error in law or fact, breach of natural justice, or sufficient humanitarian and compassionate (H&C) considerations). Section 68 governs stays of removal. The IAD Rules (SOR/2002-230) govern procedure.

Step 1 — Notice of Appeal: The appellant must file a Notice of Appeal with the IAD within 30 days of receiving the removal order. Missing this deadline bars the appeal unless an extension is granted.

Step 2 — Appeal record: The Immigration Division or the Minister (CBSA) has 30 days to provide the appeal record to the IAD. The record contains the evidence and decisions from the admissibility hearing.

Step 3 — Pre-hearing conference: Most appeals involve a pre-hearing conference to identify issues, narrow the dispute, and schedule the hearing. Disclosure obligations apply — documents must be provided to the IAD and the opposing party in advance of the hearing.

Step 4 — Hearing: The IAD member hears evidence and submissions from the appellant and the Minister's counsel. The appellant may call witnesses. The IAD is not bound by strict rules of evidence and may consider all relevant material.

Step 5 — Decision and outcomes:

• Allowed: The removal order is set aside; the person remains in Canada
• Stayed: The removal order is suspended for a period of time subject to mandatory and discretionary conditions (for example, reporting to CBSA, abstaining from criminal conduct, maintaining employment or study). If the conditions are met and no further offences occur, the stay may eventually lead to the appeal being allowed. A subsequent serious criminality conviction cancels the stay by operation of law.
• Dismissed: The removal order stands; the person must leave Canada

Grounds for appeal (s 67):

• Error of law
• Error of fact
• Breach of a principle of natural justice
• Sufficient humanitarian and compassionate considerations to warrant special relief

The humanitarian and compassionate (H&C) ground is the broadest and most frequently argued basis for relief in removal order appeals. The IAD considers factors such as the length of residence in Canada, family ties in Canada, the best interests of children, hardship of removal, and the degree of establishment in Canada. These are not exhaustive — the IAD has a broad discretion to consider all relevant circumstances.

Where a removal order is stayed with conditions, the IAD retains jurisdiction over the appeal throughout the stay period. CBSA may apply to the IAD to reconsider the stay if the appellant breaches conditions. A subsequent serious criminality conviction cancels the stay automatically under s 68(4) IRPA, terminating the appeal without further hearing.

IAD decisions are not automatically subject to appeal — further review requires leave from the Federal Court on a question of law under s 74 IRPA. The Federal Court standard of review for IAD decisions is reasonableness.

For more information, refer to the IRB removal order appeals guidance.