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Emigration and immigration

Immigration Appeal Division Dismisses Appeal for Lack of Jurisdiction

Strategic Insights

— 1 min read

The Immigration and Refugee Board of Canada's Immigration Appeal Division (IAD) has dismissed an appeal for a lack of jurisdiction in a decision made on February 24, 2025. The appeal was lodged by Babatunde Akinmusi against a decision made by an inland officer of Immigration, Refugees and Citizenship Canada (IRCC) on November 15, 2024, refusing the application for permanent residence made by Fatima Ajoke Adesina under the Spouse or Common-Law Partner in Canada Class. The IAD advised the Appellant that it may not have jurisdiction to consider this appeal and asked for written submissions why it should have jurisdiction.

Key Takeaways:

  • The IAD derives its jurisdiction from Section 63 of the Immigration and Refugee Protection Act (IRPA), which outlines the type of decisions that can be appealed and heard by the IAD.
  • The IAD does not have the legislated flexibility to expand or alter its jurisdiction under Section 63 of IRPA.
  • A refusal of a permanent resident application under the Spouse or Common-Law Partner in Canada Class does not give rise to a right to appeal to the IAD under Section 63 of IRPA.
  • The Appellant's sponsorship application was made under the Spouse or Common-Law Partner in Canada Class, which is a separate class from the Family Class defined by IRPA and the Regulations.
  • The IRCC has processes for different classes, and the Appellant chose to submit an in-Canada sponsorship application.

Statistics:

  • 12 December 2024: The IAD received the Appellant's written submissions in response to the paper hearing letter.
  • 19 December 2024: The Appellant was asked to provide written submissions why the IAD had jurisdiction to consider this appeal.
  • 2 February 2025: The IAD received the Minister's reply to the Appellant's submission.
  • February 24, 2025: The IAD issued the decision dismissing the appeal for lack of jurisdiction.

Sources:

  • Immigration, Refugees and Citizenship Canada (IRCC). (n.d.). Spouse or Common-Law Partner in Canada Class.
  • Immigration and Refugee Protection Act (IRPA), Section 63.
  • Immigration and Refugee Protection Regulations, Section 117(1), Part 7, Division 1.
  • IRRC (n.d.). Spouse or common-law partner in Canada class.

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