Immigration Appeal Division (IAD) Appeals
The Immigration Appeal Division can reverse a refusal or a removal order, or stay it so that you can remain in Canada. An appeal has a short filing deadline, so the first step is to identify the decision you are appealing and the date you received it.
Appeals the IAD can hear
The IAD is not an option for every refusal. For example, there is no appeal for a person inadmissible on the grounds listed in s. 64. We confirm that you have a right of appeal before you spend money on one.
What the IAD looks at
- Legal validity: whether the decision or the removal order is correct in law.
- Fact: whether the officer or member got the facts wrong.
- Humanitarian and compassionate relief (s. 67(1)(c)): even if the decision is legally valid, the IAD may allow the appeal if, taking into account the best interests of any child directly affected, there are sufficient humanitarian and compassionate considerations.
- Stays of removal (s. 68): the IAD may stay a removal order on conditions, for example where you have committed to rehabilitation and compliance.
For removal order appeals, the IAD weighs established factors, such as the seriousness of the offence, the likelihood of reoffending, remorse, length of time in Canada, family in Canada, the hardship of removal and the support available to you.
How we run an IAD appeal
- Confirm the decision, the right of appeal and the filing deadline, then file the notice of appeal on time.
- Review the disclosure and prepare your evidence package: records, letters of support, proof of establishment, rehabilitation and the hardship you would face.
- Prepare you for questioning at the hearing and prepare your witnesses.
- Draft counsel's written and oral submissions on the legal and humanitarian grounds.
- Where the Minister's counsel may agree to a negotiated outcome, we explore it. If the IAD's decision contains a legal error, we advise on a Federal Court judicial review.
Deadlines
The IAD Rules set short, strict deadlines for filing a notice of appeal, generally measured in days from the date you received the decision. Missing the deadline can mean losing the appeal. If you have received a refusal, a removal order or a negative residency decision, check the date and contact us immediately.
Frequently asked questions
Can I appeal a refusal of my permanent resident travel document?
Yes, in many cases. A refusal of a permanent resident travel document based on the residency obligation can be appealed to the IAD under s. 63(4), and the IAD can consider humanitarian and compassionate factors.
Does an appeal stop my removal?
Filing an appeal against a removal order generally results in a statutory stay of removal while it is pending, but there are exceptions. We confirm this for your case.
Can the IAD overturn a refusal if I did not qualify when I applied?
For some appeals the IAD can allow the appeal on humanitarian and compassionate grounds, even where the applicant did not meet the requirements, depending on the type of appeal.
Should I testify?
In most cases yes. The IAD hears evidence from the appellant and witnesses, and credibility is often central. We prepare you thoroughly.
Related: Immigration Division · Pre-removal risk assessment · Ministerial relief · Federal Court judicial review
Important: this page is general legal information, not legal advice, and reading it or contacting us does not create a lawyer-client relationship. Deadlines, eligibility and outcomes depend on your decision and facts, the law changes, and no result can be guaranteed. Past results do not predict future outcomes. Please do not send confidential details until we have confirmed that we can act for you. Pax Law Corporation is regulated by the Law Society of British Columbia and the Law Society of Ontario. We do not state processing times for any application; check IRCC for current information.
Received a removal order or a refusal you want to appeal?
Send us the decision. We will confirm whether you have a right of appeal and the deadline that applies.
