🍁 In Simple Terms
In a family class appeal, compassion only enters the room once the basics are proven. The Immigration Appeal Division cannot weigh humanitarian factors until it has decided that the relative really is a member of the family class and that the sponsor really is a sponsor under the rules.
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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