Immigration Appeal

Immigration Appeal Division (IAD)

The Immigration Appeal Division (IAD) is a branch of the Immigration and Refugee Board of Canada (IRB) that hears immigration-related appeals, particularly those involving sponsorships, removal orders, and residency obligations.

 Who Can Appeal to the IAD?

You may appeal to the IAD if:

 Sponsorship Appeal

If Immigration, Refugees and Citizenship Canada (IRCC) refuses your application to sponsor a spouse, partner, child, parent, or grandparent for permanent residence, you can appeal to the IAD.

 You cannot appeal if the sponsored person was found inadmissible due to serious criminality, security reasons, or misrepresentation (in most cases).

 Removal Order Appeal

If you are a permanent resident, protected person, or Convention refugee, and received a removal order (deportation), you may appeal the decision to the IAD.

 You cannot appeal if the removal is due to serious criminality (e.g., a sentence of 6 months or more).

 Residency Obligation Appeal

If your permanent resident status was revoked because you failed to meet the residency obligation (i.e., not staying in Canada for at least 730 days in the past 5 years), you can appeal to the IAD.

 Steps in the Appeal Process

Notice of Appeal
You must file a Notice of Appeal to the IAD within:

30 days of receiving the decision (for removal or sponsorship)

Include a copy of the decision being appealed

Preparation for Appeal

The IAD will schedule a case management conference or early resolution process.

You may need to provide documents, forms, and witness lists.

Alternative Dispute Resolution (ADR) (Optional)

In some cases, the IAD may suggest ADR to resolve the case informally through a meeting with a Dispute Resolution Officer.

If successful, there is no need for a formal hearing.

Hearing

A full hearing will be held before an IAD member.

Both sides (you and CBSA/IRCC) present evidence and may have witnesses.

The hearing may be held in person, by video, or phone.

Decision

The IAD may:

Allow the appeal (the original decision is overturned)

Dismiss the appeal (the original decision is upheld)

Stay the removal order (postpone removal under certain conditions)

 Important Considerations

Legal representation is strongly recommended. You may be represented by a lawyer, consultant, or another authorized representative.

Deadlines are strict – missing the deadline may mean losing your right to appeal.

Evidence matters – providing strong documentation and credible witnesses can help your case.

 What Happens After the Appeal?

If the appeal is allowed, your application continues, or you retain your status.

If the appeal is dismissed, you may:

Be removed from Canada (if under a removal order), or

Lose your chance to sponsor a family member

You may be able to request a judicial review by the Federal Court in limited cases.

 Need Help With an Immigration Appeal?

Our experienced team at YSI can help you:

Understand your eligibility for appeal

Prepare all required documents and legal submissions

Represent you in hearings and ADR sessions

Maximize your chances of success