Difference between revisions of "Immigration Appeals (18:XI)"

The Immigration Appeal Division (“IAD”) may allow an appeal and set aside an original decision: (i.) based on the grounds of an error in law or fact; (ii.) if there are sufficient humanitarian grounds (in some cases); or (iii.) if a  breach of a principle of natural justice has occurred. Principles of equity  are generally of greater concern in appeals concerning removal orders. In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate grounds (i.e. equitable grounds), considering all the circumstances of the case and especially in taking into account the best interests of a child. The IAD can (i.) allow an appeal, (ii.) dismiss an appeal, or (iii.) stay the removal and impose terms and conditions (IRPA s 68).