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Immigration Appeal Division

The Immigration Appeal Division (IAD) hears and decides appeals on immigration matters ranging from appeals from refused sponsorship applications to removal orders.

An Appellant has 30 days to appeal in most cases and 60 days for residency appeals. The most common cases by the IAD are marriage appeals. In Central Region, sponsorship appeals form almost 80% of incoming appeals, removal order appeals are 16% and residency obligation appeals are 5%.

The IAD may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice. In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate consideration in all the circumstances of the case, which includes taking into account the best interests of a child.

An Alternate Dispute Resolution (ADR) offers a more informal, less confrontational and more consensual approach such as mediation to settle appeals, particularly (in appropriate cases) sponsorship appeals.

The ADR process usually involves an hour long in-person meeting. A dispute resolution officer (DRO) conducts the ADR conference with the Minister’s counsel (representing Citizenship and Immigration Canada) and the appellant and her or his counsel and assists them to agree to a settlement of the appeal.

The Immigration Appeal Division (IAD) may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice. In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate consideration in all the circumstances of the case, which includes taking into account the best interests of a child.

An Alternate Dispute Resolution (ADR)offers a more informal, less confrontational and more consensual approach such as mediation to settle appeals, particularly (in appropriate cases) sponsorship appeals.

The ADR process usually involves an hour long in-person meeting. A dispute resolution officer (DRO) conducts the ADR conference with the Minister’s counsel (representing Citizenship and Immigration Canada) and the appellant and her or his counsel and assists them to agree to a settlement of the appeal.

 

Related Frequently Asked Question (FAQ):

Do I Need to Appeal to IAD or Waive my Right of Appeal?

Permanent Resident Application Refused.

Latest Immigration Court Decisions

Immigration Appeal Division Decisions Click Here.

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