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Appeal right under s. 63(2) vested on arrival, not removal-order issuance.
The Supreme Court of Canada allowed Ms. Pepa’s appeal from Federal Court of Appeal and Federal Court judgments that upheld an Immigration Appeal Division ruling denying jurisdiction under s. 63(2) of the Immigration and Refugee Protection Act.
A majority held the IAD’s interpretation was unreasonable and concluded the only reasonable interpretation is that visa-holder status for this appeal right is assessed at the time of arrival in Canada, then remitted the matter to the IAD for determination of the removal-order appeal.
Rowe J. agreed the decision was unreasonable but would have remitted without declaring a single reasonable interpretation, while Côté and O’Bonsawin JJ. would have dismissed the appeal.
