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Emigration and immigration

Immigration Appeal Division Dismisses Appeal for Lack of Jurisdiction

Strategic Insights

— 1 min read

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada has dismissed an appeal filed by Beauthy Ashley Sielo SERY-LOW, a Canadian resident, due to lack of jurisdiction. The IAD determined that the appellant's application for permanent residence from within Canada on humanitarian and compassionate grounds was not sufficient to grant an exemption. The IAD also found that the appeal did not fall into any of the scenarios under section 63 of the Immigration and Refugee Protection Act, which sets out where the IAD has the authority to hear an appeal.

Key Takeaways:

  • The Immigration Appeal Division (IAD) dismissed an appeal filed by Beauthy Ashley Sielo SERY-LOW due to lack of jurisdiction.
  • The IAD found that the appellant's application for permanent residence from within Canada on humanitarian and compassionate grounds was not sufficient to grant an exemption.
  • The appeal did not fall into any of the scenarios under section 63 of the Immigration and Refugee Protection Act, which sets out where the IAD has the authority to hear an appeal.
  • The IAD determined that the appeal was not related to any of the situations described in the Immigration and Refugee Protection Act.
  • The Immigration and Refugee Board of Canada issued the decision on September 5, 2024.
  • The decision was made by a panel consisting of Roxane Stanners.
  • The appellant was advised to show if she and her dependents have a right of appeal to the IAD.
  • The appellant was given two deadlines to submit written arguments showing that the IAD has the authority to hear the appeal.
  • The appeal was eventually dismissed for lack of jurisdiction on August 12, 2024.

Statistics:

  • The IAD received the appeal on July 4, 2024.
  • The appeal was dismissed for lack of jurisdiction on August 12, 2024.
  • The Immigration and Refugee Board of Canada issued the decision on September 5, 2024.
  • The appellant's dependents are Curtis'Jahremiah Semkakj SERY-ACHEAMPONG (born 2014-12-01) and Saint Malakai Joel Bokgi SERY-ACHEAMPONG (born 2019-01-23).

Sources:

  • Immigration and Refugee Board of Canada decision, dated September 5, 2024 (Source: Immigration and Refugee Board of Canada).
  • Immigration and Refugee Protection Act (Source: Government of Canada).
  • Immigration and Refugee Board of Canada website (Source: Government of Canada).

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