Appeal to IAD of protected persons in concurrent processes

Resolution number: 
May 2009
  1. Family Class applicants can appeal a negative visa officer’s decision to the Immigration Appeal Division, including on humanitarian and compassionate grounds;
  2. Dependants of protected persons being processed concurrently can only appeal a visa officer’s decision by way of judicial review in the Federal Court;
Therefore be it resolved: 

That the CCR recommend an amendment to the Act and Regulations to permit protected persons to appeal decisions on family reunification to the Immigration Appeal Division of the IRB on all issues of fact and law, and on all the circumstances of the case including humanitarian and compassionate considerations.

Working Group: 
Inland Protection