The IAD must give written reasons for its decisions. Decisions can be appealed by judicial review to the Federal Court, but only with leave (permission). This section ensures accountability and allows legal challenges to incorrect IAD decisions.
(1)An officer, in examining a permanent resident or a foreign national, is bound by the decision of the Immigration Appeal Division to allow an appeal in respect of the permanent resident or foreign national.
(2)If the Minister makes an application for leave to commence an application for judicial review of a decision of the Immigration Appeal Division with respect to a permanent resident or a foreign national, an examination of the permanent resident or the foreign national under this Act is suspended until the final determination of the application.