Section 63 — Right of appeal — visa and removal order
Text of provision
(1) A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa.
(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.
(3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.
(4) A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28.
(5) The Minister may appeal to the Immigration Appeal Division against a decision of the Immigration Division in an admissibility hearing.
Plain English
Section 63 grants rights of appeal to the Immigration Appeal Division (IAD) in specified circumstances:
- s 63(1) — a Canadian citizen or permanent resident sponsor whose application to sponsor a family class member was refused;
- s 63(2) — a permanent resident or protected person who has been issued a removal order at an admissibility hearing; and
- s 63(4) — a permanent resident who is outside Canada and has been refused entry.
Practical effect
IAD appeals are de novo merits reviews — the IAD can consider all relevant evidence, including evidence not before the original decision-maker. The IAD applies both legal and equitable jurisdiction, which means it can consider humanitarian and compassionate factors in deciding whether to allow a removal order appeal even if the legal grounds are established.
The right of appeal under s 63(2) is subject to the limitation in s 64 — persons convicted of serious offences lose their appeal rights.