As per the Immigration and Refugee Protection Act (IRPA) all permanent residents of Canada are required to be physically present in Canada for at least 730 days out of every five years. If found in contradiction to the IRPA by a visa officer the person’s PR status can be curbed. In this case, the person may appeal the CIC decision to the IAD of the IRB within 60 days from the date of the receiving of the decision letter from CIC.

The appellant can be outside Canada. But if he/she was in Canada at any time over the past 365 days, CIC must put forth his/her travel document to enable him/her to travel to Canada. In other cases, the appellant may himself appy to the IAD for a travel document. The appellant might have to be present at the hearing in person if the IAD issues such an order. After that, the CIC will provide a travel document to allow the appellant to travel to Canada for the hearing. However, if the document is not issued, the hearing may be held by telephonic.

A member will hear the appeal according to the IRB tribunal process. There are two parties involved, namely, the appellant and Minister’s counsel representing the CIC. The hearing is generally public so that media or members of the public may attend it and be able to report.

In case the appeal is rejected by the IAD, then the appellant or Minister’s counsel are allowed to apply for a permission from the Federal Court of Canada to provide a judicial review of the IAD’s decision. The Federal Court of Canada would either dismiss the application or return the case to the IAD for re-hearing.