The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) hears appeals on immigration-related matters. There are several types of appeals that are heard by the IAD:
Appeals of removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas.
Appeals by permanent residents who have been found by an IRCC official outside of Canada not to have fulfilled their residency obligation.
Appeals by the Minister of Public Safety of decisions at admissibility hearings by the IRB’s Immigration Division (ID) where the ID made a decision that a person is not inadmissible.
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 considerations, which includes taking into account the best interests of a child directly affected by the decision being appealed to the IAD. In a removal order appeal, the IAD may also give special relief by staying the removal order with conditions. If the IAD does not allow an appeal or stay the removal order made against the appellant, the IAD will dismiss an appeal.
When a stay is made in a removal order appeal, the making of the stay by the IAD allows the appellant to remain in Canada subject to any conditions made by the IAD that it considers necessary, and including any conditions that are required by the law. When a stay is given, the removal order remains in force but its effect is “stayed.” The stay given in a removal order appeal will be reconsidered by the IAD on a certain date, and after re-weighing the relevant factors, the IAD has the option of allowing the appeal and quashing the removal order, dismissing the appeal (which can lead to the enforcement of the removal order by the Canada Border Services Agency and removal of the person from Canada), or extending the stay for a further time period on the same or other conditions. A stay remains in force until it is cancelled by the IAD, and the appeal is allowed or dismissed.
If possible, the IAD wants the appellant and the Minister’s counsel to settle appeals early, without going to a full hearing. The IAD has an Alternative Dispute Resolution (ADR) process, which offers appellants an opportunity to resolve their case through a mediation-like process. The ADR process involves an in-person meeting that is called an ADR conference. An Early Resolution Officer (ERO), who is an IRB employee, conducts the ADR conference with the Minister’s counsel (representing either IRCC or the Minister of Public Safety) and the appellant and her or his counsel. The ERO facilitates a discussion between the appellant and the Minister in order to try to resolve the appeal. The goal of the conference is to see whether the appeal can be resolved, either by having the Minister consent to allowing the appeal, or having the appellant withdraw his or her appeal.
Please note that appeals finalized in a given time period may have been filed in a previous time period. The following tables include all types of appeals filed, including appeals that have been returned to the IAD by the Federal Court, as well as other types of matters heard by the IAD (such as applications to reopen and applications to reinstate).