🍁 In Simple Terms
In an IAD appeal, the Division can consider humanitarian and compassionate grounds even after finding that the removal order is valid. The IAD weighs factors like establishment in Canada, family ties, and the best interests of children when deciding whether to exercise discretion in the person's favour.
Affects: Persons subject to removal or detention
Legal Text — IRPA Section 65
65 In an appeal under subsection 63(1) or (2) respecting an application based on membership in the family class, the Immigration Appeal Division may not consider humanitarian and compassionate considerations unless it has decided that the foreign national is a member of the family class and that their sponsor is a sponsor within the meaning of the regulations.
Cross-References
In Practice
Related Sections
Official Source: Justice Canada — IRPA s. 65 (authoritative, may differ from this display)
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