What happens in an Immigration Appeal (IAD)?

1. File a Notice of Appeal within 30 days of receiving the refusal or removal order.

2. Exchange disclosure documents and witness lists with the Minister’s counsel.

3. The IAD may schedule an Alternative Dispute Resolution (ADR) conference to explore early resolution.

4. Hearing: a full hearing before an IAD Member where your lawyer presents arguments, evidence, and witnesses.

5. Decision: the IAD may allow, dismiss, or stay your appeal with specific conditions.

If successful, your refusal or removal order may be overturned or cancelled. If the appeal is dismissed, you may still pursue a judicial review at the Federal Court.

What’s an alternative dispute resolution (ADR) in immigration appeals?

Some appeals before the Immigration Appeal Division (IAD) may be selected for an Alternative Dispute Resolution (ADR) conference.

ADR is an informal meeting designed to resolve certain appeals efficiently — without the need for a full hearing. During this meeting, you, your immigration appeal lawyer, the Minister’s counsel, and an Early Resolution Officer (ERO) discuss the facts of your case, clarify issues, and determine whether a resolution can be reached.

If your appeal is resolved through ADR, no hearing will be required, and you will receive a written decision confirming the outcome. Not all appeals qualify for ADR. The IAD chooses this process only when there is a realistic chance of settlement without proceeding to a formal hearing — often in cases involving clear evidence or where humanitarian and compassionate factors may apply.

What’s an ADR vs. a formal hearing?

1. The IAD’s Role at an ADR Conference

At an ADR conference, the IAD acts as a facilitator, not a decision-maker. The goal is to create an open environment where both parties — the appellant and the Minister’s counsel — can discuss the case and potentially agree on a fair resolution.

2. Level of Formality and Duration

ADR sessions are less formal and typically last about one hour, offering a faster and more collaborative alternative to a full IAD hearing, which can last several hours and follow stricter procedural rules.
This streamlined process can save significant time and emotional stress for appellants while still ensuring that all relevant evidence is considered.

What are the possible outcomes of an ADR conference?

✅ Positive Recommendation

If the Minister’s counsel agrees that your appeal should succeed, an ADR Agreement is drafted. This document summarizes the reasons the appeal should be allowed.
Once both parties approve the agreement, the IAD issues a final written decision in your favour — meaning your appeal is successful without the need for a hearing.

❌ Negative Recommendation

If the Minister’s counsel does not recommend allowing the appeal, you may Withdraw the appeal, if further litigation seems unlikely to succeed; or Proceed to a formal IAD hearing, where evidence and witnesses are presented before a decision-maker.

The Early Resolution Officer (ERO) will provide guidance on your chances at a hearing and explain the next procedural steps if your appeal continues.

What Evidence Matters Most in an Immigration Appeal Division Case?

The IAD does not simply review paperwork — it assesses credibility, hardship, and fairness. Strong appeals focus on relevant evidence, including family establishment in Canada, the best interests of any children involved, humanitarian and compassionate considerations, and rehabilitation where criminality is an issue.

In sponsorship appeals, relationship history and consistency of evidence are critical. In removal order appeals, the IAD weighs your ties to Canada against the seriousness of the underlying concerns.

Presenting the right evidence — in the right way — often determines whether an appeal succeeds

What Happens If I Miss a Deadline or Make a Mistake in My Appeal?

The Immigration Appeal Division applies strict procedural rules. Missing a filing deadline, failing to disclose evidence on time, or not attending a scheduled hearing can result in your appeal being dismissed or declared abandoned — often without any consideration of the merits of your case.

Once an appeal is lost on procedural grounds, options are extremely limited. Early legal guidance helps ensure deadlines are met and your appeal stays on track.

Immigration Appeal Division Deadlines and Timeline

• Notice of Appeal: 30 days (most cases)

• Appeal Record: issued after filing (timing varies)

• Disclosure: documents + witness list by the deadline (often earlier than people expect)

• Hearing / ADR scheduling: depends on backlog and case type

Are IAD Hearings De Novo?

Yes — IAD hearings are generally “de novo,” meaning you can present new evidence and oral testimony beyond what IRCC considered. This is often the best chance to correct misunderstandings, explain inconsistencies, and present updated proof.

Key People in an IAD Appeal

• IAD Member: decision-maker at the hearing

• Minister’s Counsel (CBSA): opposes or assesses the appeal

• Early Resolution Officer (ERO): facilitates early resolution / ADR

• Interpreter / witnesses: support the evidence and testimony