Refusal recovery — IAD loss

IAD Appeal Denied — Federal Court Judicial Review + Options

Losing an Immigration Appeal Division (IAD) appeal is a significant setback — but not always the end. Federal Court judicial review (within 15 days) is the standard next step. This page covers the three main IAD appeal types (residence obligation, sponsorship, removal), what FCJR can and cannot do, and alternatives.

Three IAD appeal categories

Residence obligation appeals

For PRs whose PR card renewal or PRTD was refused due to failing the 730-day residence obligation. IAD considers H&C factors under IRPA s.28(2)(c) — extent of breach, reasons for time abroad, best interests of children, hardship of leaving Canada, establishment in Canada.

If denied: PR status loss looms; FCJR is critical to preserve status during review.

Sponsorship refusal appeals

For Canadian sponsors whose family sponsorship application was refused. IAD can hear de novo (fresh hearing with new evidence). Common: spousal sponsorship genuineness refusals, PGP rule disputes, dependent child age issues.

If denied: Sponsorship refused; FCJR or re-file with new evidence are the main paths.

Removal order appeals

For PRs, foreign nationals with valid PRTDs, protected persons, sponsored persons. IAD considers H&C factors + the legal basis for removal. Common: criminal inadmissibility, misrepresentation.

If denied: Removal order stands; FCJR is critical defense; stay of removal may be needed.

Federal Court judicial review (FCJR) — the 15-day window

Within 15 days of IAD decision, file Application for Leave + Judicial Review at Federal Court. Process:

Step 1: Leave application

File Notice of Application within 15 days
Filing fee: CAD $50
Court decides whether to grant leave
Leave grant rate: ~10-20% of applications (low; many denied)

Step 2: Judicial review hearing (if leave granted)

Court reviews IAD decision for reviewable errors
Court does NOT re-decide facts; reviews legal correctness + reasonableness
Standards: reasonableness (most common) or correctness (procedural fairness, jurisdictional issues)

Possible Federal Court outcomes

Allows application: IAD decision quashed; case returned to IAD for re-determination by different panel
Dismisses application: IAD decision stands; FCJR is final (with very narrow appeal to Federal Court of Appeal)

Reviewable errors — what FCJR looks for

IAD misapplied legal test (e.g., wrong H&C standard for residence obligation)
IAD failed to consider key evidence presented at hearing
IAD made findings without evidentiary basis
Procedural fairness violations (e.g., inadequate notice, biased panel)
IAD's reasoning is internally inconsistent or unreasonable
IAD failed to consider relevant case law

If FCJR cannot identify reviewable errors, the application will likely fail at leave stage.

Stay of removal pending FCJR (removal cases)

If you're under removal order + IAD denied appeal, you can request a stay of removal pending FCJR. To get a stay:

Demonstrate serious issue to be tried
Demonstrate irreparable harm if removed before FCJR decision
Balance of convenience favors stay

Stays granted selectively; counsel typically files stay motion concurrently with FCJR application.

Alternatives to FCJR

H&C application

Apply for humanitarian + compassionate consideration under IRPA s.25. Different track from IAD appeal. Best when:

Strong humanitarian factors (Canadian-born children, severe hardship)
Long establishment in Canada
Country conditions deteriorating

H&C alone doesn't stop removal; separate stay request needed. See H&C refused.

Re-file sponsorship with new evidence (sponsorship cases)

If IAD denied due to insufficient relationship genuineness or other addressable issue, sponsor may re-file the sponsorship with stronger evidence. Counts as a new application, not a continuation. Long timeline.

Voluntary departure (removal cases)

Leave Canada before forced removal. Preserves future Canadian visa application options better than forced removal. Document departure thoroughly.

Common IAD post-denial mistakes

Missing the 15-day FCJR deadline (strict, very limited extensions)
Filing FCJR without specific reviewable error grounds
Filing FCJR without simultaneously requesting stay of removal (in removal cases)
Confusing IAD appeal with refugee appeal (different divisions, different processes)
Going underground after removal order — adds criminal-style consequences

FAQ

What's the IAD?

Immigration Appeal Division (IAD) — one of four divisions of the Immigration and Refugee Board of Canada (IRB). IAD hears appeals on: (1) sponsorship refusals, (2) removal orders against PRs, foreign nationals with valid PRTDs, protected persons, (3) PR residence obligation determinations.

Can I appeal an IAD decision?

No direct appeal — but you can file an application for leave + judicial review at the Federal Court within 15 days of the IAD decision. The Federal Court reviews for legal errors + reasonableness; can return the case to the IAD for re-determination.

Should I file Federal Court judicial review?

Depends on the IAD decision + specific errors. Strong FCJR cases: IAD made legal errors, misapplied case law, failed to consider key evidence, procedural fairness violations. Weak FCJR cases: IAD found facts against you (factual findings are hard to overturn).

What's the cost of Federal Court judicial review?

Federal Court application fee: CAD $50. Legal counsel fees vary — typically CAD $3,000-$10,000+ depending on complexity. Counsel cost is usually the major expense; some lawyers offer contingency arrangements.

What happens if I lose at Federal Court too?

Decision becomes final. Removal proceeds (in removal cases) or sponsorship refusal stands (in sponsorship cases). Limited further options — Federal Court of Appeal in some cases (very narrow grounds), Supreme Court of Canada (rare; only for serious legal questions). For sponsorship cases, may consider re-filing sponsorship with new evidence.

IAD denial — 15-day Federal Court window

Halani Immigration Services Inc. (RCIC-IRB R711322) coordinates with counsel for FCJR + handles parallel H&C/sponsorship re-filing strategies. Free 15-min review.

Free IAD Denial Review →

Related: IAD glossary · IAD overview · PR card refused

IAD Appeal Denied