Respond to a Minister’s appeal

New IAD Rules for immigration appeals have now come into force.

This webpage has been updated to reflect the new Rules.​

In this type of appeal, the Immigration Division of the Immigration and Refugee Board of Canada decided that you can stay in Canada. They reached this decision because they found that the Minister of Public Safety did not show you are inadmissible.

However, the Minister of Public Safety does not agree with this decision and still believes that you should not stay in Canada because you are inadmissible. So, they have appealed to the Immigration Appeal Division (IAD).

Your role is to respond to this appeal. You must show why you should be allowed to stay in Canada. These steps explain how to prepare for the Minister's appeal.

Immigration appeals are public

Members of the public can attend most immigration appeal hearings. Information that you used in the appeal may appear in the IAD's written decision. The decision may be published on an official website about legal decisions. If a member of the public or the media asks the IAD for a copy of the documents in the appeal, the IAD generally will provide the documents.

However, documents will not be provided when you or the Minister's counsel have obtained a confidentiality order that prohibits the providing of the documents. This can happen if there are exceptional circumstances, for example, if your safety or your child's safety can be at risk.