The member must consider all the evidence from both sides. The member looks carefully at what the law says, and then makes a decision.
Sometimes the member decides the appeal by the end of the hearing. If that happens, the member will tell you and the Minister’s counsel what the decision is right away. The member will put the decision in writing. The IAD will send it to you after the hearing.
If the appeal is not decided at the hearing, the case is reserved. This means the member will consider all the evidence after the hearing and will write the decision. This usually takes no more than 60 days. The IAD will send you the decision when it is ready.
If your appeal is allowed
This means that the removal order will be cancelled and you will be able to stay in Canada. If you are already a permanent resident, you will keep that status. If you only hold a permanent resident visa, you should contact
Immigration, Refugees and Citizenship Canada.
If your appeal is stayed
The stay of a removal order is mostly used in criminality cases. This means the removal order will be ‘put on hold’ for a while. You will be able to stay in Canada if you respect certain conditions.
- pledge not to commit new criminal offences
- ensure your passport or travel document is valid
- report to the Canada Border Services Agency on the specified day
The IAD can review your stay conditions at any time. If you do not respect your conditions, the IAD can cancel the stay and dismiss your appeal. If you respect the conditions until the end of your stay, the IAD will look at your appeal and may allow your appeal.
If your appeal is dismissed
The removal order will take effect, which means CBSA may remove you from Canada. Your appeal is closed at the IAD. You may wish to seek legal advice to see your options.
To voluntarily comply with a removal order, please contact the Canada Border Services Agency (CBSA) for more information:
Toll-free National Removal Help Line: 1-833-995-0002
Review of the IAD decision by the Federal Court
If you believe that the IAD decision is wrong, you can apply to the
Federal Court to request a review of the IAD’s decision. This is called a
judicial review. The Minister’s counsel can also make a request to review the IAD’s decision. The Federal Court will either dismiss your request to review the IAD’s decision or send the case back to the IAD to be heard again.
If you wish to have the decision reviewed by the Federal Court, you may wish to get advice from a lawyer. You must do so as soon as possible because the application should be made within 15 days of being notified of the IAD’s decision. Information on
who may represent you at the Federal Court is available on its website.