Immigration Appeals Statistics

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) hears appeals on immigration-related matters. There are several types of appeals that are heard by the IAD:

The IAD may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice. In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate considerations, which includes taking into account the best interests of a child directly affected by the decision being appealed to the IAD. In a removal order appeal, the IAD may also give special relief by staying the removal order with conditions. If the IAD does not allow an appeal or stay the removal order made against the appellant, the IAD will dismiss an appeal.

When a stay is made in a removal order appeal, the making of the stay by the IAD allows the appellant to remain in Canada subject to any conditions made by the IAD that it considers necessary, and including any conditions that are required by the law. When a stay is given, the removal order remains in force but its effect is “stayed.” The stay given in a removal order appeal will be reconsidered by the IAD on a certain date, and after re-weighing the relevant factors, the IAD has the option of allowing the appeal and quashing the removal order, dismissing the appeal (which can lead to the enforcement of the removal order by the Canada Border Services Agency and removal of the person from Canada), or extending the stay for a further time period on the same or other conditions. A stay remains in force until it is cancelled by the IAD, and the appeal is allowed or dismissed.

If possible, the IAD wants the appellant and the Minister’s counsel to settle appeals early, without going to a full hearing. The IAD has an Alternative Dispute Resolution (ADR) process, which offers appellants an opportunity to resolve their case through a mediation-like process. The ADR process involves an in-person meeting that is called an ADR conference. An Early Resolution Officer (ERO), who is an IRB employee, conducts the ADR conference with the Minister’s counsel (representing either IRCC or the Minister of Public Safety) and the appellant and her or his counsel. The ERO facilitates a discussion between the appellant and the Minister in order to try to resolve the appeal. The goal of the conference is to see whether the appeal can be resolved, either by having the Minister consent to allowing the appeal, or having the appellant withdraw his or her appeal.

Statistics Tables

Please note that appeals finalized in a given time period may have been filed in a previous time period. The following tables include all types of appeals filed, including appeals that have been returned to the IAD by the Federal Court, as well as other types of matters heard by the IAD (such as applications to reopen and applications to reinstate).

Understanding IAD Appeals Tables

  • Filed: New appeals filed to the IAD.
  • Stayed: The IAD had made an order staying the removal order against the appellant.
  • Finalized:
    • Allowed: The decision being appealed is reversed.
    • Dismissed: The decision being appealed is upheld.
    • Abandoned: Declared the appeal abandoned if the appellant or Minister (in a Minister’s appeal) is in default of the proceedings, for example because they did not attend the hearing, they failed to provide the IAD with the information required, or they failed to communicate with the IAD when asked to do so.
    • Withdrawn & Other: Withdrawn by the appellant or Minister and other situations such as when the appellant has passed away.
    • Total: Includes appeals allowed, dismissed, abandoned, and withdrawn. Does not include stayed appeals. Appeals finalized in a given time period may have been filed in a previous time period.
  • Pending:
    • Stayed: Appeals that have not been finalized, where the IAD has made an order staying the removal order against the appellant.
    • Non‑Stayed: Appeals that have not been finalized, where the IAD has not made an order staying the removal order against the appellant.

January to September 2017 Appeals by Region

All Appeals Filed

  Filed Stayed Finalized Pending (as of 2017/09/30)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 4,156 206 1,663 1,534 530 1,078 4,805 845 8,696
Eastern 1,093 65 404 509 285 340 1,538 216 3,037
Central 1,834 119 648 614 174 454 1,890 535 3,837
Western 1,229 22 611 411 71 284 1,377 94 1,822

Sponsorship appeals filed (subsection 63(1))

  Filed Stayed Finalized Pending (as of 2017/09/30)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 2,671 0 1,037 675 237 794 2,743 0 4,722
Eastern 620 0 172 147 85 198 602 0 1,094
Central 1,172 0 403 301 104 372 1,180 0 2,355
Western 879 0 462 227 48 224 961 0 1,273

Removal order appeals filed (subsection 63(2), (3))

  Filed Stayed Finalized Pending (as of 2017/09/30)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 791 206 393 422 213 184 1,212 843 2,284
Eastern 330 65 170 210 151 116 647 214 1,479
Central 302 119 144 149 50 31 374 535 606
Western 159 22 79 63 12 37 191 94 199

Residency obligation appeals filed (subsection 63(4))

  Filed Stayed Finalized Pending (as of 2017/09/30)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 664 0 226 425 80 97 828 1 1,646
Eastern 140 0 61 149 49 24 283 1 457
Central 356 0 99 162 20 51 332 0 868
Western 168 0 66 114 11 22 213 0 321

Appeals filed by the Minister (subsection 63(5))

  Filed Stayed Finalized Pending (as of 2017/09/30)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 30 0 7 12 0 3 22 1 44
Eastern 3 0 1 3 0 2 6 1 7
Central 4 0 2 2 0 0 4 0 8
Western 23 0 4 7 0 1 12 0 29

2016 Appeals by Region

All Appeals Filed

  Filed Stayed Finalized Pending (as of 2016/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 5,739 292 2,089 1,978 811 1,469 6,347 1,014 9,181
Eastern 1,527 122 527 454 372 476 1,829 248 3,446
Central 2,456 134 805 947 331 616 2,699 630 3,803
Western 1,756 36 757 577 108 377 1,819 136 1,932

Sponsorship appeals filed (subsection 63(1))

  Filed Stayed Finalized Pending (as of 2016/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 3,462 0 1,240 990 422 1,108 3,760 0 4,796
Eastern 720 0 230 166 141 289 826 0 1,074
Central 1,500 0 476 515 217 515 1,723 0 2,366
Western 1,242 0 534 309 64 304 1,211 0 1,356

Removal order appeals filed (subsection 63(2), (3))

  Filed Stayed Finalized Pending (as of 2016/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 1,140 291 607 497 292 210 1,606 1,012 2,542
Eastern 528 121 252 205 190 141 788 246 1,765
Central 420 134 235 165 71 39 510 630 583
Western 192 36 120 127 31 30 308 136 194

Residency obligation appeals filed (subsection 63(4))

  Filed Stayed Finalized Pending (as of 2016/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 1,113 0 227 485 97 147 956 1 1,807
Eastern 276 0 38 80 41 44 203 1 597
Central 530 0 94 265 43 62 464 0 846
Western 307 0 95 140 13 41 289 0 364

Appeals filed by the Minister (subsection 63(5))

  Filed Stayed Finalized Pending (as of 2016/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 24 1 15 6 0 4 25 1 36
Eastern 3 1 7 3 0 2 12 1 10
Central 6 0 0 2 0 0 2 0 8
Western 15 0 8 1 0 2 11 0 18

2015 Appeals by Region

All Appeals Filed

  Filed Stayed Finalized Pending (as of 2015/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 5,349 190 2,032 2,016 658 1,637 6,343 1,324 9,481
Eastern 1,409 40 376 335 253 470 1,434 275 3,718
Central 2,361 116 988 1,080 288 773 3,129 817 3,858
Western 1,579 34 668 601 117 394 1,780 232 1,905

Sponsorship appeals filed (subsection 63(1))

  Filed Stayed Finalized Pending (as of 2015/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 3,351 0 1,178 1,082 330 1,246 3,836 0 5,095
Eastern 645 0 158 164 100 299 721 0 1,181
Central 1,582 0 579 550 161 633 1,923 0 2,589
Western 1,124 0 441 368 69 314 1,192 0 1,325

Removal order appeals filed (subsection 63(2), (3))

  Filed Stayed Finalized Pending (as of 2015/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 1,092 190 626 374 224 227 1,451 1,320 2,701
Eastern 596 40 188 118 122 142 570 273 1,994
Central 304 116 287 165 74 53 579 815 487
Western 192 34 151 91 28 32 302 232 220

Residency obligation appeals filed (subsection 63(4))

  Filed Stayed Finalized Pending (as of 2015/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 881 0 214 551 104 158 1,027 3 1,648
Eastern 160 0 25 51 31 29 136 1 524
Central 471 0 120 363 53 84 620 2 778
Western 250 0 69 137 20 45 271 0 346

Appeals filed by the Minister (subsection 63(5))

  Filed Stayed Finalized Pending (as of 2015/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 25 0 14 9 0 6 29 1 37
Eastern 8 0 5 2 0 0 7 1 19
Central 4 0 2 2 0 3 7 0 4
Western 13 0 7 5 0 3 15 0 14

2014 Appeals by Region

All Appeals Filed

  Filed Stayed Finalized Pending (as of 2014/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 5,804 129 1,838 1,857 445 1,582 5,722 1,667 10,131
Eastern 1,427 17 312 388 163 515 1,378 329 3,690
Central 2,693 95 935 948 201 665 2,749 1,036 4,405
Western 1,684 17 591 521 81 402 1,595 302 2,036

Sponsorship appeals filed (subsection 63(1))

  Filed Stayed Finalized Pending (as of 2014/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 3,716 0 1,076 1,000 179 1,271 3,526 0 5,579
Eastern 729 0 180 180 50 384 794 0 1,258
Central 1,776 0 475 487 91 565 1,618 0 2,928
Western 1,211 0 421 333 38 322 1,114 0 1,393

Removal order appeals filed (subsection 63(2), (3))

  Filed Stayed Finalized Pending (as of 2014/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 1,050 129 593 429 204 166 1,392 1,663 2,717
Eastern 525 17 117 167 100 107 491 327 1,914
Central 338 95 370 181 71 29 651 1,034 543
Western 187 17 106 81 33 30 250 302 260

Residency obligation appeals filed (subsection 63(4))

  Filed Stayed Finalized Pending (as of 2014/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 1,017 0 159 425 62 139 785 3 1,794
Eastern 168 0 12 40 13 23 88 1 500
Central 575 0 86 280 39 70 475 2 927
Western 274 0 61 105 10 46 222 0 367

Appeals filed by the Minister (subsection 63(5))

  Filed Stayed Finalized Pending (as of 2014/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 21 0 10 3 0 6 19 1 41
Eastern 5 0 3 1 0 1 5 1 18
Central 4 0 4 0 0 1 5 0 7
Western 12 0 3 2 0 4 9 0 16

2013 Appeals by Region

All Appeals Filed

  Filed Stayed Finalized Pending (as of 2013/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 5,739 72 1,782 2,022 453 1,413 5,670 2,089 9,627
Eastern 1,562 1 258 370 118 393 1,139 390 3,580
Central 2,642 65 922 998 246 680 2,846 1,344 4,153
Western 1,535 6 602 654 89 340 1,685 355 1,894

Sponsorship appeals filed (subsection 63(1))

  Filed Stayed Finalized Pending (as of 2013/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 3,440 0 1,061 1,152 220 1,149 3,582 0 5,389
Eastern 708 0 136 155 46 299 636 0 1,322
Central 1,680 0 493 547 130 568 1,738 0 2,771
Western 1,052 0 432 450 44 282 1,208 0 1,296

Removal order appeals filed (subsection 63(2), (3))

  Filed Stayed Finalized Pending (as of 2013/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 1,308 72 544 393 177 152 1,266 2,087 2,635
Eastern 691 1 97 153 65 65 380 388 1,820
Central 377 65 321 161 80 59 621 1,344 545
Western 240 6 126 79 32 28 265 355 270

Residency obligation appeals filed (subsection 63(4))

  Filed Stayed Finalized Pending (as of 2013/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 965 0 166 472 56 111 805 1 1,564
Eastern 152 0 21 61 7 28 117 1 420
Central 579 0 106 289 36 53 484 0 829
Western 234 0 39 122 13 30 204 0 315

Appeals filed by the Minister (subsection 63(5))

  Filed Stayed Finalized Pending (as of 2013/12/31)
Allowed Dismissed Abandoned Withdrawn & Other Total Stayed Non‑Stayed
National 26 0 11 5 0 1 17 1 39
Eastern 11 0 4 1 0 1 6 1 18
Central 6 0 2 1 0 0 3 0 8
Western 9 0 5 3 0 0 8 0 13