APPEALS TO THE IMMIGRATION APPEAL DIVISION (IAD)

The Immigration Appeal Division (“IAD” or the “Board”) is the division of the Immigration and Refugee Board which is responsible for hearing and deciding various appeals on a wide range of immigration matters including: (1) appeals of visa refusal to family class; (2) appeals by permanent residents who face deportation because they have been declared “inadmissible” to Canada, for example, as a result of a criminal conviction; (3) appeals by individuals who have lost their permanent resident status due to failure to comply with their residency obligation (when staying outside Canada for too long) or due to misrepresentation (for example, a person who has lied in their application forms about a criminal record or about his/her relationship with a spouse) to immigration authorities. Also see our section on Residency Obligation.

 

Category (1) above includes cases where the sponsorship of a parent, grandparent, child, minor orphaned brother or sister or a spouse has been refused by a visa officer. This is separate and apart from category (2) cases in which a removal order has been made against a permanent resident of Canada who is being deported because of a criminal conviction.

In deciding these appeals, the IAD can, in certain cases, consider humanitarian and compassionate circumstances applicable to and affecting the case. For example, in cases where a permanent resident is being deported because of a criminal conviction (commonly referred to as “criminality”), the IAD can stop the deportation if and when the hardship caused by the deportation is either disproportionate or unusual and undeserved. This power is solely vested in the IAD and is commonly referred to as the IAD’s H&C jurisdiction. Therefore, it is imperative that your case is prepared thoroughly and carefully presented so that all aspects of your case are brought to the attention of the Board.

To overcome inadmissibility rulings, applications for “rehabilitation” or an application for a pardon may also be available in certain circumstances, as a way of dealing with obstacles presented by a past criminal conviction.  

To obtain further information and to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473 .