Canada’s Immigration and Refugee Protection Act (IRPA) allows specific groups of people to appeal to the Immigration Appeal Division (IAD) of Immigration and Refugee Board of Canada in order to:
- Ensure that prescribed groups of people ordered to be removed from Canada after an examination or admissibility hearing have had the benefit of a full hearing on the allegations against them. The Act recognizes an additional commitment to permanent residents, protected persons and foreign nationals who hold a permanent resident visa by allowing them to appeal their removal orders to the IAD, not only on the basis of legal and factual questions relating to the allegations at the admissibility hearing, but also on the basis that special consideration may be warranted;
- Ensure that the reunion in Canada of Canadians and permanent residents with their close relatives from abroad is facilitated by providing a review, by way of appeal, of refusals of sponsored applications for permanent residence from members of the family class; and
- Ensure that the rights of permanent residents are given due consideration by allowing an oral appeal to the IAD for loss of residency status determinations made both within and outside Canada.
The right of appeal to the IAD is consistent with the objectives of IRPA in that it helps to accomplish the following:
- Ensure that families are reunited in Canada; and
- Protect the health and safety of Canadians and maintain the security of Canadian society.