What happens when a person appeals a Citizenship and Immigration Canada decision regarding the residency obligation?
The person who is alleged not to have complied with the residency obligation must make the appeal no later than 60 days after receiving the written decision. Upon application, the Immigration Appeal Division (IAD) can issue an order that the person must physically appear at the hearing. Once the order is made, a CIC officer will issue a travel document allowing the person to return to Canada for the hearing. A member (decision-maker) will hear the appeal following the tribunal process. If the appeal regarding the residency obligation is allowed, the IAD will set aside the decision of the officer and the person will not lose permanent resident status. If the appeal is dismissed and the person is in Canada, the person will lose permanent resident status and the IAD will make a removal order.
