Step 7: Receive the decision

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 the decision to refuse the permanent resident visa application is overturned (or cancelled). Immigration, Refugees and Citizenship Canada (IRCC) will resume processing the permanent resident visa application.

At this point, your appeal has concluded. The Immigration Appeal Division is no longer involved in your sponsorship application. You can check your application status on the IRCC website.

If your appeal is dismissed

This means IRCC's decision to refuse the permanent resident visa application remains. Your appeal is closed at the IAD. You may wish to seek legal advice to see your options.

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.  

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