What happens if my Immigration Appeal Division appeal is declared abandoned?

If an appellant does not pursue their Immigration Appeal Division (IAD) appeal as required — for example, by missing filing steps, failing to appear at a scheduled hearing, or not responding to IAD communications — the IAD can declare the appeal abandoned. This ends the appeal without any decision being made on its merits or on humanitarian and compassionate grounds, which is different from losing an appeal after it has actually been argued.

Once an appeal is declared abandoned, the underlying removal order is no longer paused by the appeal and becomes enforceable, meaning CBSA can proceed to carry out removal. The appellant loses the opportunity to have the substantive arguments heard, at least through that particular appeal, and any pending stay or conditions tied to the appeal typically fall away with it.

Because the consequences are serious and largely irreversible unless reopened, anyone who misses a step in their IAD appeal, or has a genuine reason for non-appearance, should contact the IAD immediately rather than waiting to see what happens, since a prompt explanation is far more useful before an abandonment decision is made than after.