Know About “Immigration Appeal Division”

The Immigration and Refugee Board of Canada is a legal (informal) body that takes decisions on cases linked with immigration related issues. The body consists of four major divisions. They are:

immigration-appeal-division

  • Refugee Protection Division
  • Immigration Division
  • Immigration Appeal Division and
  • Refugee Appeal Division.

We shall discuss the working of Immigration Appeal Division in this blog. Canada’s Immigration regulations offer various review mechanisms that allows the applicants to make appeal on immigration matters. It would be a wise decision to hire a lawyer or consult an Immigration expert before representing your case at “Immigration Appeal Division.” The IAD has the power to reconsider the original case after determining whether the decision performed in the favour of the applicant was wrong or right.

There is no judge in this informal court but a person takes all the decisions, taking aid from informal rules. The most common cases that are addressed in “Immigration Appeal Division” are those of rejected application for a PR, sponsorship of spouse or relatives, applications with criminal background, to name a few.

For instance, if the sponsor has applied for sponsoring a relative (applicant), but there case receives a denial, then the applicant has 30 days to file the appeal, after which the appeal cannot continue in the IAD.

Taking the example of criminal cases, the IAD accesses as to how much serious the crime was, what is the background of the applicant, and other related facets. Similarly in the case of sponsorship cases, IAD takes into consideration certain aspects like the hardship that would be faced by the sponsor after the separation, how much burden can the immigrant may leave on the Canadian economy and so on.

At the IAD hearing, the applicant may be required to prove evidences, documentation, and witnesses in support of his case. If not satisfied with the IAD decision, the applicant has the right to appeal further.

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