Immigration and Refugee Board (18:VII): Difference between revisions
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Immigration and Refugee Board (18:VII) (view source)
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The Immigration Appeal Division (“IAD”) hears appeals from the Immigration Division, and some decisions from visa officers and immigration officers. The three most common types of appeals are as follows: | The Immigration Appeal Division (“IAD”) hears appeals from the Immigration Division, and some decisions from visa officers and immigration officers. The three most common types of appeals are as follows: | ||
a) permanent residents who have been determined inadmissible by the Immigration Division for serious criminality; | :(a) permanent residents who have been determined inadmissible by the Immigration Division for serious criminality; | ||
:(b) Canadian citizens or permanent residents appealing a negative decision on a sponsorship application under the family class; and | |||
b) Canadian citizens or permanent residents appealing a negative decision on a sponsorship application under the family class; and | :(c) permanent residents determined inadmissible for not having met the “residency requirements”. | ||
c) permanent residents determined inadmissible for not having met the “residency requirements”. | |||
The IAD is a court of competent jurisdiction. Charter issues can be raised. Also, the IAD, in most circumstances, can deal with issues of equity. For example, if a permanent resident is “lawfully” determined inadmissible by the Immigration Division for having committed criminal acts in Canada and lawfully given a deportation order, the IAD can allow an appeal because there are sufficient “humanitarian and compassionate” grounds warranting relief. See [[Immigration Appeals (18:IX) | Section XI: Appeals]]. | The IAD is a court of competent jurisdiction. Charter issues can be raised. Also, the IAD, in most circumstances, can deal with issues of equity. For example, if a permanent resident is “lawfully” determined inadmissible by the Immigration Division for having committed criminal acts in Canada and lawfully given a deportation order, the IAD can allow an appeal because there are sufficient “humanitarian and compassionate” grounds warranting relief. See [[Immigration Appeals (18:IX) | Section XI: Appeals]]. | ||
