The Immigration Appeal Division (IAD) is an independent tribunal contained within the IRB (Immigration and Refugee Board). The IAD oversees immigration matters and is not a division of the federal immigration department, IRCC.
All immigration appeals pertaining to Canadian citizens and permanent residents are decided upon by members or judges of the IAD. Few of the appeals include residency obligation appeals, removal order appeals and refused family sponsorship applications.
When Canadian citizens and permanent residents can appeal the decision to the IAD, it comes under sponsorship appeals. They make a sponsorship appeal when their sponsorship application for sponsoring close relatives gets refused by the IRCC. All sponsorship applications are not eligible for appeal. Applications rejected due to misrepresentation cannot be appealed.
It is prudent to consult an experienced Immigration Lawyer to make sure that you are following the appeal process and safeguarding your appeal rights. Parental and Spousal sponsorship constitute the majority of the sponsorship applications.
In the process of appeal, the sponsor has a period of 30 days from the date of appeal to apply to the Immigration Appeal Division. The appeal can be sent to the Alternative Dispute Resolution (ADR) division in which case a hearing does not take place. Subsequently, the trial is scheduled for a hearing if not settled or sent to ADR. You can appeal to the Federal Court if the application gets rejected by the IAD.
Refugee claim applications made by foreign nationals within Canada are managed by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). If your claim gets rejected, you will need to file your appeal to the Refugee Appeal Division (RAD) where typically decides upon the cases without any hearing.
Taking support from skilled Immigration Lawyers is recommended to make a strong and well-documented appeal which can eventually turn out to be successful.
Do note that appeals to the RAD are not allowed by the designated foreign nationals, and if your claim is considered to have no solid basis and is unfounded. Withdrawn and abandoned cases which were denied are also not allowed for appeal including the cases which were referred to IRB prior to the implementation of the new refugee protection provisions.
In some instances, the Minister of Immigration seeks to appeal the decision where the refugee claimant gets refugee protection from RPD. You can respond to this appeal as your right. RAD can go ahead and decide as per its record and Minister’s documents if you fail to respond.
Do make sure that RAD’s guidelines are followed, and your appeal is complete and well-documented. Winning an appeal is typically a situation where you have to prove that the RPD’s decision is wrong in fact or as per law. Strong documentary evidence will bolster your case and do submit copies to RAD and the Minister’s counsel.