The Difference between IAD and Federal Court Appeals
In case of appealing to the Immigration Appeal Division (IAD), the Appellant seeks for a remedy and decides to appeal against the decision for a reversal or modification of the verdict. In other words, it may be considered as a second judgment on the same matter.
People usually decide to appeal when they disagree with the decision and feel that they have been wronged by a decision-maker.
Immigration Appeal Division of Immigration and Refugee Board is authorized to review a decision which is considered to be wrong by the Appellant.
The following cases can be appealed to the Immigration Appeal Division:
- Sponsorship refusals
- Removal orders
- Residency obligations
If the decision is dismissed, the Appellant has 15 days from the date he or she received the refusal to file an Application for Leave and for Judicial Review to the Federal Court of Canada to review the correctness of the decision.
Judicial Review at the Federal Court of Canada
In contrast, judicial review at the Federal Court of Canada is better regarded as a tool to request the Federal Court to review the decision. It means that judicial review is concerned with the accuracy of the legal matters rather than the accuracy of the decision itself.
There is a 2-step process to file your case for judicial review at Federal Court of Canada.
Unlike Immigration Appeal Division, the Federal Court cannot approve your visa or application. What the Federal Court can do is determine whether the decision of an immigration officer was reasonable. If it proves to be unreasonable, your case will be sent to another Board or Officer for re-determination, whereas the IAD can overturn a decision and approve it.
Any decision by Canada Immigration can be judicially reviewed.
Examples of the refusals which can be directly reviewed by the Federal Court of Canada:
- Work permit
- Study permit
- Investor
- Humanitarian and Compassionate
- Spousal Sponsorship Appeal
- Family Class Sponsorship Appeal
- Citizenship Appeal
- Residency Appeal
- Deportation Appeal
- Failed Refugee claims