Immigration Appeal Division

Immigration Appeal Division (IAD) Overview

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.

Who can appeal to the IAD?

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.

Residency Appeal Section 28

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.

Key points for Residency Appeals:

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.

Parents and Grandparents Sponsorship Appeal

If Immigration, Refugees and Citizenship Canada (IRCC) refuses your Parents or Grandparents Sponsorship application, sponsors can appeal this decision at the IAD.

Appeal process details:

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.

Spousal Sponsorship Appeal

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.

Important elements:

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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Immigration Appeal Division