The Immigration and Refugee Board (IRB or Board) is an independent tribunal. The section of the Board that hears immigration appeals is called the Immigration Appeal Division (IAD).
The IAD is not part of Canada’s immigration department, which is called Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada). It is also not part of the Canada Border Services Agency or Public Safety Canada. The IAD makes independent decisions on appeals based on evidence and the law.
As the person making the appeal, you are called the appellant. The person opposing your appeal can be the Minister of IRCC or the Minister of Public Safety, depending on what your appeal is about. The Minister is called the respondent. The Minister is represented by a counsel who comes from the Canada Border Services Agency and is called the Minister’s Counsel. A Member of the IAD hears your appeal and makes a decision.
When the IAD is ready to hear your appeal, you receive a Notice to Appear. This notice tells you when and where your hearing will be. If you cannot appear on that date, or you are not ready to present your case, you must contact the Board immediately