The Immigration Appeal Division (IAD) hears and decides appeals on immigration matters. Cases for appeal varies wherein applications have been refused for sponsorships to removal orders. In certain cases, applicants are also refused based on medical and criminal inadmissibility.
An Appellant has 30 days to appeal in most cases and 60 days for residency appeals. The most common cases wherein appeals have been filed are for Spousal sponsorship refusals. 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 consideration including the best interests of a child.
An Alternate Dispute Resolution (ADR) offers a more informal, less confrontational and more consensual approach such as mediation to settle appeals, particularly in sponsorship appeals. The ADR process usually involves an hour long in-person meeting. A dispute resolution officer (DRO) conducts the ADR conference with the Minister’s counsel and the appellant and his or her counsel and assists them to agree to a settlement of the appeal.