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 you will keep your permanent resident status.
Immigration, Refugees and Citizenship Canada will issue you a permanent resident travel document allowing you to re-enter Canada.
If your appeal is dismissed
This means that you will lose your permanent resident status. If you are in Canada at the time of the decision, you will also receive a removal order. You may want to get legal advice.
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.
Learn more