The IAD can allow an appeal and quash the removal order if it finds the order was invalid in law, made without jurisdiction, or — in the case of H&C jurisdiction — there are sufficient H&C grounds to warrant relief. A successful appeal ends the removal process.
(1)To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time that the appeal is disposed of,(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b)a principle of natural justice has not been observed; or
(c)other than in the case of an appeal by the Minister, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case.