Immigration Appeals (18:XI) - Revision history

LSLAP at 19:36, 13 October 2025

2025-10-13T19:36:00Z

← Older revision		Revision as of 19:36, 13 October 2025
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	{{REVIEWED LSLAP \| date= August ~~5, 2024~~}}		{{REVIEWED LSLAP \| date= 14 August 2025}}
	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

LSLAP: /* B. Removal Order Appeals */

2025-10-01T02:47:40Z

B. Removal Order Appeals

← Older revision		Revision as of 02:47, 1 October 2025
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	Permanent residents, Convention refugees, and protected persons who have been ordered removed from Canada may file an appeal with the IAD. These appeals may be based on either legal or equitable grounds.		Permanent residents, Convention refugees, and protected persons who have been ordered removed from Canada may file an appeal with the IAD. These appeals may be based on either legal or equitable grounds.

	:'''NOTE:''' If a person has been convicted and sentenced in Canada to six months imprisonment or more, they will not be able to appeal an order to the IAD. A conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1). See [https://www.canlii.org/en/ca/scc/doc/2017/2017scc50/2017scc50.html?autocompleteStr=Tran%20v%20Canada%20(Public%20Safety%20and%20Emergency%20Preparedness)%2C%202017%20SCC%2050&autocompletePos=1 ''Tran v Canada (Public Safety and Emergency Preparedness)'', 2017 SCC 50].		:'''NOTE:''' If a person has been convicted and sentenced in Canada to six months imprisonment or more, they will not be able to appeal an order to the IAD. A conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1). See ''[https://www.canlii.org/en/ca/scc/doc/2017/2017scc50/2017scc50.html?autocompleteStr=Tran%20v%20Canada%20(Public%20Safety%20and%20Emergency%20Preparedness)%2C%202017%20SCC%2050&autocompletePos=1 Tran v Canada (Public Safety and Emergency Preparedness)]'', 2017 SCC 50.

	Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:		Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:

LSLAP at 23:22, 18 September 2025

2025-09-18T23:22:58Z

← Older revision		Revision as of 23:22, 18 September 2025
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	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

	The Immigration Appeal Division (~~“IAD”~~) may allow an appeal and set aside an original decision:		The Immigration Appeal Division (IAD) may allow an appeal and set aside an original decision:
	# based on the grounds of an error in law or fact;		# based on the grounds of an error in law or fact;
	# if there are sufficient humanitarian grounds (in some cases); or		# if there are sufficient humanitarian grounds (in some cases); or
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	== A. Sponsorship Appeals ==		== A. Sponsorship Appeals ==

	If a Canadian citizen or permanent resident ("PR") tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.		If a Canadian citizen or permanent resident (PR) tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.

	Some sponsorship appeals follow an Alternative Dispute Resolution ("ADR") process, also called Early Resolution. The appellant can always request ADR. The ADR process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as a dispute resolution officer ("DRO") for each appeal that is selected for the ADR process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ADR will have a final result without the parties having to attend a full oral hearing, so clients may wish to request ADR if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.		Some sponsorship appeals follow an Alternative Dispute Resolution (ADR) process, also called Early Resolution. The appellant can always request ADR. The ADR process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as a dispute resolution officer (DRO) for each appeal that is selected for the ADR process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ADR will have a final result without the parties having to attend a full oral hearing, so clients may wish to request ADR if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.

	IAD’s jurisdiction is limited to errors in law, fact, or mixed law and fact. IAD cannot override a negative sponsorship application on grounds of equity. '''Sponsorship applications made from within Canada, i.e. Spouse and Common-law Partner in Canada Class, cannot be appealed to the IAD.'''		IAD’s jurisdiction is limited to errors in law, fact, or mixed law and fact. IAD cannot override a negative sponsorship application on grounds of equity. '''Sponsorship applications made from within Canada, i.e. Spouse and Common-law Partner in Canada Class, cannot be appealed to the IAD.'''

LSLAP at 23:19, 18 September 2025

2025-09-18T23:19:19Z

← Older revision		Revision as of 23:19, 18 September 2025
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	# violations of human or international rights.		# violations of human or international rights.

	Appeals must be filed within '''30 days''' of the removal order being issued.		Appeals must be filed within '''75 days''' of the removal order being issued.

	'''For a comparison of the former inadmissibility regime to the new inadmissibility regime, please refer to:''' http://www.cic.gc.ca/english/department/media/backgrounders/2013/2013-06-20a.asp		'''For a comparison of the former inadmissibility regime to the new inadmissibility regime, please refer to:''' http://www.cic.gc.ca/english/department/media/backgrounders/2013/2013-06-20a.asp

LSLAP at 17:31, 7 August 2024

2024-08-07T17:31:46Z

← Older revision		Revision as of 17:31, 7 August 2024
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	{{REVIEWED LSLAP \| date= ~~July 18~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 5, 2024}}
	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

LSLAP: /* A. Sponsorship Appeals */

2024-08-06T22:57:45Z

A. Sponsorship Appeals

← Older revision		Revision as of 22:57, 6 August 2024
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	If a Canadian citizen or permanent resident ("PR") tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.		If a Canadian citizen or permanent resident ("PR") tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.

	Some sponsorship appeals follow an Alternative Dispute Resolution (ADR) process, also called Early Resolution. The appellant can always request ADR. The ADR process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as a dispute resolution officer (DRO) for each appeal that is selected for the ADR process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ADR will have a final result without the parties having to attend a full oral hearing, so clients may wish to request ADR if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.		Some sponsorship appeals follow an Alternative Dispute Resolution ("ADR") process, also called Early Resolution. The appellant can always request ADR. The ADR process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as a dispute resolution officer ("DRO") for each appeal that is selected for the ADR process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ADR will have a final result without the parties having to attend a full oral hearing, so clients may wish to request ADR if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.

	IAD’s jurisdiction is limited to errors in law, fact, or mixed law and fact. IAD cannot override a negative sponsorship application on grounds of equity. '''Sponsorship applications made from within Canada, i.e. Spouse and Common-law Partner in Canada Class, cannot be appealed to the IAD.'''		IAD’s jurisdiction is limited to errors in law, fact, or mixed law and fact. IAD cannot override a negative sponsorship application on grounds of equity. '''Sponsorship applications made from within Canada, i.e. Spouse and Common-law Partner in Canada Class, cannot be appealed to the IAD.'''

LSLAP at 03:43, 6 August 2024

2024-08-06T03:43:14Z

← Older revision		Revision as of 03:43, 6 August 2024
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	== A. Sponsorship Appeals ==		== A. Sponsorship Appeals ==

	If a Canadian citizen or permanent resident (PR) tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.		If a Canadian citizen or permanent resident ("PR") tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.

	Some sponsorship appeals follow an Alternative Dispute Resolution (ADR) process, also called Early Resolution. The appellant can always request ADR. The ADR process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as a dispute resolution officer (DRO) for each appeal that is selected for the ADR process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ADR will have a final result without the parties having to attend a full oral hearing, so clients may wish to request ADR if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.		Some sponsorship appeals follow an Alternative Dispute Resolution (ADR) process, also called Early Resolution. The appellant can always request ADR. The ADR process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as a dispute resolution officer (DRO) for each appeal that is selected for the ADR process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ADR will have a final result without the parties having to attend a full oral hearing, so clients may wish to request ADR if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.
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	Permanent residents, Convention refugees, and protected persons who have been ordered removed from Canada may file an appeal with the IAD. These appeals may be based on either legal or equitable grounds.		Permanent residents, Convention refugees, and protected persons who have been ordered removed from Canada may file an appeal with the IAD. These appeals may be based on either legal or equitable grounds.

	:'''NOTE:''' If a person has been convicted and sentenced in Canada to six months imprisonment or more, they will not be able to appeal an order to the IAD. A conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1). See ''Tran v Canada (Public Safety and Emergency Preparedness)'', 2017 SCC 50).		:'''NOTE:''' If a person has been convicted and sentenced in Canada to six months imprisonment or more, they will not be able to appeal an order to the IAD. A conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1). See [https://www.canlii.org/en/ca/scc/doc/2017/2017scc50/2017scc50.html?autocompleteStr=Tran%20v%20Canada%20(Public%20Safety%20and%20Emergency%20Preparedness)%2C%202017%20SCC%2050&autocompletePos=1 ''Tran v Canada (Public Safety and Emergency Preparedness)'', 2017 SCC 50].

	Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:		Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:

Clicklaw Editor at 20:11, 5 September 2023

2023-09-05T20:11:27Z

← Older revision		Revision as of 20:11, 5 September 2023
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			{{REVIEWED LSLAP \| date= July 18, 2023}}
	{{REVIEWED LSLAP \| date= ~~August 23~~, 2023}}
	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

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	{{LSLAP Manual Navbox\|type=chapters15-22}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

LSLAP at 07:55, 23 August 2023

2023-08-23T07:55:26Z

← Older revision		Revision as of 07:55, 23 August 2023
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	{{REVIEWED LSLAP \| date= ~~July 29~~, ~~2022~~}}		{{REVIEWED LSLAP \| date= August 23, 2023}}
	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

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	# allow an appeal,		# allow an appeal,
	# dismiss an appeal, or		# dismiss an appeal, or
	# stay the removal and impose terms and conditions (IRPA s 68).		# stay the removal and impose terms and conditions (''IRPA'' s 68).

	== A. Sponsorship Appeals ==		== A. Sponsorship Appeals ==

	If a Canadian citizen or permanent resident (PR) tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of IRPA specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.		If a Canadian citizen or permanent resident (PR) tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.

	Some sponsorship appeals follow an Alternative Dispute Resolution (ADR) process, also called Early Resolution. The appellant can always request ADR. The ADR process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as a dispute resolution officer (DRO) for each appeal that is selected for the ADR process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ADR will have a final result without the parties having to attend a full oral hearing, so clients may wish to request ADR if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.		Some sponsorship appeals follow an Alternative Dispute Resolution (ADR) process, also called Early Resolution. The appellant can always request ADR. The ADR process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as a dispute resolution officer (DRO) for each appeal that is selected for the ADR process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ADR will have a final result without the parties having to attend a full oral hearing, so clients may wish to request ADR if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.
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	Permanent residents, Convention refugees, and protected persons who have been ordered removed from Canada may file an appeal with the IAD. These appeals may be based on either legal or equitable grounds.		Permanent residents, Convention refugees, and protected persons who have been ordered removed from Canada may file an appeal with the IAD. These appeals may be based on either legal or equitable grounds.

	:'''NOTE:''' If a person has been convicted and sentenced in Canada to six months imprisonment or more, they will not be able to appeal an order to the IAD. A conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1). See Tran v Canada (Public Safety and Emergency Preparedness), 2017 SCC 50).		:'''NOTE:''' If a person has been convicted and sentenced in Canada to six months imprisonment or more, they will not be able to appeal an order to the IAD. A conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1). See ''Tran v Canada (Public Safety and Emergency Preparedness)'', 2017 SCC 50).

	Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:		Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:
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	== D. Federal Court (Leave and Judicial Review) ==		== D. Federal Court (Leave and Judicial Review) ==

	Always contact an immigration lawyer in cases where Federal Court is, or might be involved. Decisions by the IAD (or the Refugee Protection Division and the Immigration Division, where no administrative appeal exists) may be challenged by judicial review in the Federal Court of Canada. '''There is a 15-day filing deadline to apply for leave for judicial review of matters decided within Canada, and a 60-day deadline for matters decided overseas (IRPA, s 72), so an applicant must act quickly if they seek leave for judicial review.''' In the process of judicial review, the court does not try the case ''de novo''; the role of the court is not to substitute its own discretion for that of the tribunal, but rather to ensure that the tribunal made a reasonable decision and/or did not exceed its statutory authority. The court simply reviews the case to verify: that it was procedurally fair; that the decision-maker did not make any errors of law or unreasonable findings of fact; and that the decision itself was reasonable. See [[Introduction_to_Public_Complaints_Procedures_(5:I)\|Chapter V: Public Complaints]] for a more thorough treatment of judicial review.		Always contact an immigration lawyer in cases where Federal Court is, or might be involved. Decisions by the IAD (or the Refugee Protection Division and the Immigration Division, where no administrative appeal exists) may be challenged by judicial review in the Federal Court of Canada. '''There is a 15-day filing deadline to apply for leave for judicial review of matters decided within Canada, and a 60-day deadline for matters decided overseas (''IRPA'', s 72), so an applicant must act quickly if they seek leave for judicial review.''' In the process of judicial review, the court does not try the case ''de novo''; the role of the court is not to substitute its own discretion for that of the tribunal, but rather to ensure that the tribunal made a reasonable decision and/or did not exceed its statutory authority. The court simply reviews the case to verify: that it was procedurally fair; that the decision-maker did not make any errors of law or unreasonable findings of fact; and that the decision itself was reasonable. See [[Introduction_to_Public_Complaints_Procedures_(5:I)\|Chapter V: Public Complaints]] for a more thorough treatment of judicial review.

	On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave for a hearing. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge “certifies” a question as being of serious and general importance (s 74(d)).		On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave for a hearing. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge “certifies” a question as being of serious and general importance (s 74(d)).

Clicklaw Editor: /* D. Federal Court (Leave and Judicial Review) */

2022-10-15T02:48:18Z

D. Federal Court (Leave and Judicial Review)

← Older revision		Revision as of 02:48, 15 October 2022
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	== D. Federal Court (Leave and Judicial Review) ==		== D. Federal Court (Leave and Judicial Review) ==

	Always contact an immigration lawyer in cases where Federal Court is, or might be involved. Decisions by the IAD (or the Refugee Protection Division and the Immigration Division, where no administrative appeal exists) may be challenged by judicial review in the Federal Court of Canada. '''There is a 15-day filing deadline to apply for judicial review of matters decided within Canada, and a 60-day deadline for matters decided overseas (IRPA, s 72), so an applicant must act quickly if they seek leave for judicial review.''' In the process of judicial review, the court does not try the case ''de novo''; the role of the court is not to substitute its own discretion for that of the tribunal, but rather to ensure that the tribunal made a reasonable decision and/or did not exceed its statutory authority. The court simply reviews the case to verify: that it was procedurally fair; that the decision-maker did not make any errors of law or unreasonable findings of fact; and that the decision itself was reasonable. See [[Introduction_to_Public_Complaints_Procedures_(5:I)\|Chapter V: Public Complaints]] for a more thorough treatment of judicial review.		Always contact an immigration lawyer in cases where Federal Court is, or might be involved. Decisions by the IAD (or the Refugee Protection Division and the Immigration Division, where no administrative appeal exists) may be challenged by judicial review in the Federal Court of Canada. '''There is a 15-day filing deadline to apply for leave for judicial review of matters decided within Canada, and a 60-day deadline for matters decided overseas (IRPA, s 72), so an applicant must act quickly if they seek leave for judicial review.''' In the process of judicial review, the court does not try the case ''de novo''; the role of the court is not to substitute its own discretion for that of the tribunal, but rather to ensure that the tribunal made a reasonable decision and/or did not exceed its statutory authority. The court simply reviews the case to verify: that it was procedurally fair; that the decision-maker did not make any errors of law or unreasonable findings of fact; and that the decision itself was reasonable. See [[Introduction_to_Public_Complaints_Procedures_(5:I)\|Chapter V: Public Complaints]] for a more thorough treatment of judicial review.

	On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave for a hearing. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge “certifies” a question as being of serious and general importance (s 74(d)).		On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave for a hearing. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge “certifies” a question as being of serious and general importance (s 74(d)).