IMMIGRATION APPEAL DIVISION (IAD)

Expert representation for IAD appeals and hearings

The IAD hears cases on the following issues:

SPONSORSHIP APPEALS

• Overseas Spousal Appeal
• Parental Sponsorship Appeal

RESIDENCY APPEALS

Permanent Residents who do not meet the Residency Obligation

INADMISSIBILITY APPEALS

Permanent residents found inadmissible

After a notice of appeal is filed, the Immigration Appeal Division (IAD) reviews the decision. At this stage, the IAD determines if the decision you are appealing is erroneous in any way, unreasonable or unfair. Your lawyer is able to make representations on your behalf and explain as to why the negative decision should be set-aside.

IAD APPEAL

Specialized in sponsorship refusals, refusals due to medical and criminal inadmissibility, and residency obligation appeals.

If you are unsuccessful after the above stated process has been completed, the case will go for full hearing and a member of IAD will decide the case after a complete hearing and submissions by the parties.

If your sponsorship appeal is allowed, your case will continue to be processed by the IRCC.

If your residency obligation is allowed, your permanent resident will be restored. If the appeal is dismissed, your permanent resident status will be revoked. If the appellant is in Canada, a removal order will be issued.

If you are appealing inadmissibility based upon criminality, the IAD may allow your appeal on several grounds, such as, erroneous finding of fact, improper comparability of a foreign law with the Canadian law or on the basis of existence of sufficient Humanitarian and Compassionate grounds, including best interest of a child.

Over 45 years helping clients, Mr. Mangat has resolved thousands of Immigration cases, including IAD appeals, Immigration Division Hearings, RPD hearings, RAD appeals and many types of other applications.

SOME EXAMPLES OF CASES MR. MANGAT CONDUCTED

IAD APPEALS

IAD Appeals

SPONSORSHIP - AGE DIFFERENCE

Husband 82 and wife 28

Nanar v. Canada (Citizenship and Immigration), 2004 CanLII 69575 (CA IRB)

IAD Appeals

INADMISSIBILITY - Misrepresentation & H&C Factors

Husband entered Canada using fake name. He applied for Convention Refugee status and obtained work permit. He was facing criminal charges for assaulting a fellow worker. He left Canada without informing authorities and re-entered with his wife using his own passport as a dependent of an independent skilled worker applicant. Ordered removed for misrepresentation. IAD considered H & C factors, including best interest of his son and allowed the appeal.

Khushdil v Canada (Public Safety and Emergency Preparedness), 2016 CanLII 93225 (CA IRB)

IAD Appeals

INADMISSIBILITY - Fake Divorces & Sponsorships

Couple obtained fake divorces after entering Canada in independent skilled works category. Returned to their home country and married two individuals and sponsored them for PR. Their new spouses obtained PR. IRCC discovered their fake divorces, fraudulent sponsorships of new spouses and serious misrepresentation. Immigration Division ordered their removal from Canada. In an appeal that followed the removal order, IAD considered best interest of Canadian born children and allowed their appeal.

Pathak v Canada (Public Safety and Emergency Preparedness), 2019 CanLII 90439 (CA IRB)

Get Started Today

Schedule a free consultation with Jaswant Mangat to discuss your IAD appeal case and explore how we can help you achieve your goals.