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IAD (Immigration Appeal Division)
The IAD, or Immigration Appeal Division, is a division of the Immigration and Refugee Board of Canada (IRB), an independent tribunal. It hears certain immigration appeals, and can overturn decisions or allow people to stay on humanitarian grounds.
What the IAD hears
- Sponsorship appeals: when IRCC refuses a family class application, such as a spouse's PR. The sponsor appeals, usually within 30 days of the refusal.
- Residency obligation appeals: when a PR is found not to meet the residency obligation, for example after a PRTD refusal (usually within 60 days if outside Canada).
- Removal order appeals: for permanent residents, protected persons, and some visa holders.
- Minister's appeals: when the government challenges an admissibility decision.
The IAD can consider humanitarian and compassionate factors. Some cases, such as serious criminality or misrepresentation findings, have limited appeal rights. Get help from a lawyer or RCIC. See spousal sponsorship.
Frequently asked questions
How long do I have to appeal a sponsorship refusal?
Usually 30 days from receiving the refusal.
Is the IAD part of IRCC?
No. It is part of the independent Immigration and Refugee Board.
Can I stay in Canada during a residency appeal?
Your PR status continues while the appeal is pending.
Official sources
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.