Immigration Appeal Division
The Immigration Appeal Division (IAD) is a specialized tribunal within the Immigration and Refugee Board (IRB) that hears appeals related to immigration matters such as residency obligations, sponsorship refusals, and removal orders. Its purpose is to ensure that Canadian immigration decisions are fair, lawful, and reflect humanitarian considerations when needed.
Permanent residents and Canadian citizens may appeal certain immigration refusals and loss of status decisions.
Appeal types include sponsorship refusals, residency obligation breaches, and removal orders.
There are strict timelines—appeals must be filed, in most cases, within 30 days of receiving the decision.
Under Section 28 of the Immigration and Refugee Protection Act (IRPA), permanent residents must be physically present in Canada at least 730 days within every five-year period to retain their status. If you have breached this requirement, you may lose your permanent residency but have the right to appeal to the IAD.
Humanitarian and compassionate grounds (such as caring for family abroad, illness, employment, or best interests of children) can be considered by the IAD before making a decision.
To succeed, appellants must present evidence supporting legitimate reasons for absence from Canada and demonstrate solid ties to the country.
If Immigration, Refugees and Citizenship Canada (IRCC) refuses your Parents or Grandparents Sponsorship application, sponsors can appeal this decision at the IAD.
Only the sponsor (Canadian citizen or permanent resident) can file the appeal—not the applicant.
Grounds for appeal include wrong factual or legal assessment, misapplication of income requirements or errors in admissibility findings.
The process involves submitting a Notice of Appeal within 30 days and providing the refusal letter from IRCC. The IAD tribunal member and the Minister’s counsel (CBSA) will review your case.
Sponsors should submit strong evidence concerning financial eligibility, supporting documentation and medical or humanitarian aspects tied to family reunification.
Canadian citizens and permanent residents may appeal a spousal sponsorship refusal to the IAD if IRCC determines that the marriage or partnership is not genuine or if other admissibility issues have been raised.
Common reasons for refusal include doubts about relationship authenticity, criminality, security threats, or misrepresentation.
Sponsors must file a Notice of Appeal within 30 days of the refusal and supply supporting documents and evidence that the marriage or partnership is genuine and meets IRCC requirements.
The IAD may hold a hearing where new testimony, affidavits, and relationship evidence are presented. In some cases, an early resolution officer may offer an alternate dispute process for quicker decisions.
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If you miss the statutory 30-day timeframe to file an appeal, your right to appeal may be lost, so act promptly and seek professional immigration guidance.
Bring proof of residence, financial documentation, medical records, travel history, and anything showing hardship or genuine family ties. Humanitarian arguments can be crucial in residency obligation appeals
No. Only the sponsor may appeal. The applicant can seek judicial review if inadmissible for serious criminality, organized crime, or misrepresentation.
Hearings are formal but allow for new evidence and fresh testimony. The IAD reconsider cases “de novo,” meaning the member re-examines all facts from scratch, ensuring fairness.
