Difference between revisions of "Immigration and Refugee Board (18:VII)"

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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: (i) permanent residents who have been determined inadmissible by the Immigration Division for serious criminality; (ii) Canadian citizens or permanent residents appealing a negative decision on a sponsorship application under the family class; and (iii) permanent residents determined inadmissible for not having met the “residency requirements”.  
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: (i) permanent residents who have been determined inadmissible by the Immigration Division for serious criminality; (ii) Canadian citizens or permanent residents appealing a negative decision on a sponsorship application under the family class; and (iii) 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:X) | 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 IX: Appeals]].


== C. Refugee Protection Division ==
== C. Refugee Protection Division ==

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