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![]() Frequently Asked QuestionsWho appears before the Immigration Appeal Division?There are four types of appeals that are heard by the Immigration Appeal Division: Sponsorship AppealsCanadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused may file an appeal at the Immigration Appeal Division. However, they cannot appeal the refusal of persons who have been found inadmissible to Canada based on:
Removal Order AppealsPermanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada may file an appeal at the Immigration Appeal Division. However, they cannot appeal their removal order if they have been found inadmissible to Canada because of:
Residency Obligation AppealsPermanent residents determined outside of Canada by an officer of Citizenship and Immigration Canada (CIC) not to have fulfilled their residency obligation also have a right of appeal before the Immigration Appeal Division. Minister's AppealsThe Minister of CIC may appeal a decision made by the Immigration Division at an admissibility hearing. What are the grounds for an appeal?The Immigration Appeal Division 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 Immigration Appeal Division 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. What happens when a person appeals a CIC decision made outside of Canada that the person has not complied with the residency obligation?The person who is alleged not to have complied with the residency obligation must make the appeal no later than 60 days after receiving the written decision. Upon application, the Immigration Appeal Division can issue an order that the person must physically appear at the hearing. Once the order is made, a CIC officer will issue a travel document allowing the person to return to Canada for the hearing. A member will hear the appeal following the tribunal process. If the appeal regarding the residency obligation is allowed, the Immigration Appeal Division will set aside the decision of the officer and the person will not lose permanent resident status. If the appeal is dismissed and the person is in Canada, the person will lose permanent resident status and the Immigration Appeal Division will make a removal order. The person concerned or CIC can challenge any Immigration Appeal Division decision by making an application to the Federal Court of Canada for leave for judicial review. |
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