Appeals

The Immigration Appeal Division hears and decides appeals on immigration matters. There are four types of appeals that are heard by the Immigration Appeal Division.

Sponsorship Appeals
Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused may file an appeal at the Immigration Appeal Division.

The Immigration Appeal Division may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice. In certain cases, the Immigration Appeal Division may also give special relief on the basis of humanitarian and compassionate considerations in all the circumstances of the case, which includes taking into account the best interests of a child.

Removal Order Appeals

Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada may file an appeal at the Immigration Appeal Division.

If the appeal is allowed, the removal order is set aside and the person will be permitted to remain in Canada. If the appeal is dismissed, the removal order will be upheld and CIC may remove the person from Canada.

Residency Obligation Appeals

Permanent residents determined outside of Canada by an officer of Citizenship and Immigration Canada (CIC) not to have fulfilled their residency obligation also have a right of appeal before the Immigration Appeal Division.

If the appeal regarding the residency obligation is allowed, the Immigration Appeal Division will set aside the decision of the officer and the person will not lose permanent resident status. If the appeal is dismissed and the person is in Canada, the person will lose permanent resident status and the Immigration Appeal Division will make a removal order.

Minister's Appeals

The Minister of CIC may appeal a decision made by the Immigration Division at an admissibility hearing

Who may this provision be of interest?

1. People whose family class sponsorship application has been rejected on excessive demand ground, where a humanitarian consideration exists.
   
2. The person who is alleged not to have complied with the residency obligation and is physically overseas or in Canada, and has lost the PR status
   
3. The person concerned or CIC can challenge any Immigration Appeal Division decision by making an application to the Federal Court of Canada for leave for judicial review

Immigration Division

The Immigration Division conducts admissibility hearings for certain categories of people believed to be inadmissible or removable from, Canada under the law. It also conducts detention reviews for most persons being detained under the Immigration and Refugee Protection Act.

Admissibility hearings are held for foreign nationals or permanent residents believed to be in violation of the Immigration and Refugee Protection Act. Admissibility hearings take place solely at the request of Citizenship and Immigration Canada (CIC) and do not apply to Canadian citizens. Straightforward cases are decided by CIC officers and do not require an admissibility hearing by the Immigration Division.

The grounds of inadmissibility include security, violation of human rights, criminality, organized criminality, misrepresentation and failure to comply with the Act.