If the Immigration Division decides that you are not inadmissible and can remain in Canada, the Minister of Public Safety can appeal to the Immigration Appeal Division (IAD) within 30 days of the decision. This is known as a Minister’s appeal (subsection 63(5) of the IRPA). You can participate in the appeal in order to explain why you should be able to stay in Canada.
Getting legal help
Immigration appeals can be quite complex. If you have not already done so, you may want to consider hiring a lawyer or immigration consultant to assist you with this appeal. Find out more about authorized counsel in the
Getting Legal Assistance section.
Acting on an appeal by the Minister
When the Minister makes an appeal to the IAD, the Minister is required to provide you notice of that appeal. The IAD will also send you a letter asking you to confirm your contact information, your counsel information, if any, and the official language in which you want the appeal conducted.
It is very important for you to provide all your contact information on time and
advise the IAD if it changes.
Receiving the appeal record
After receiving the Minister’s notice of appeal, the IAD will request the appeal record from the Immigration Division. The appeal record contains all the information related to the decision to allow you to remain in Canada. The Immigration Division must provide it to you and the IAD within 45 days from the date requested.