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, we say that the case is reserved. This means the member will consider all the evidence after the hearing and will write the decision.
If you and the Minister's counsel provided written submissions and no oral hearing was held, the member will make a decision from the written submissions. This usually takes no more than 60 days. The IAD will send you the decision when it is ready.
If the Minister's appeal is dismissed
This means that you may stay in Canada. The Immigration Division's original decision stands.
If the Minister's appeal is allowed
This means that you are inadmissible. You will receive a removal order. The Canada Border Services Agency may remove you from Canada. You may want to get legal advice.
If a removal order is made and is stayed on humanitarian and compassionate grounds
This means that you are inadmissible to Canada, but the removal order may be
put on hold for a while. You can remain here under certain conditions. For example, you may be required to:
- 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 allow the Minister's appeal and you may not be able to stay in Canada. If you respect the conditions until the end of your stay, the IAD will look at your file and may dismiss the Minister's appeal, which means that you will be able to stay in Canada.
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 of Canada 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 requests 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.
Learn more