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

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:
-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]].