The Immigration Appeal Division hears appeals on immigration – related matters, including sponsorships, removal orders and residence obligations.
You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC). After receiving a refusal letter for your sponsorship application, you have 30 days from the date of refusal to file an appeal.
If the appeal is approved, your case will continue at CIC for processing.
If you are subject to a secondary refusal at the IAD, you may begin the appeal process again in Federal Court.
In order to make a removal order appeal, you must have received a removal order and you are:
A permanent resident of Canada
A foreign national with a permanent resident visa, or
A Convention Refugee or Protected Person
Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If you are a permanent resident who is outside Canada and a visa officer (also outside Canada) finds that you did not meet your residency obligation, you may lose your permanent resident status. You can appeal the decision to the Immigration Appeal Division (IAD) in order to explain why you should keep your permanent resident status. This is known as a residency obligation appeal (subsection 63(4) of the IRPA).
If you have not met your residency obligation i.e. if you have not resided in Canada for 3 years in the last 5 years, you have
- 60 days to appeal the negative decision.
- Appeal may be:
- Allowed, permanent resident status restored;
- Dismissed, status will be revoked and, if the appellant is in Canada, a removal order will be issued.