Overview
In Pepa v Canada, 2025 SCC 21, the Supreme Court of Canada reminds jurists how to interprete subsection 63(2) of the Immigration and Refugee Protection Act (IRPA). The contested provision gives a foreign national holding a permanent resident visa the right to appeal a removal order to the Immigration Appeal Division (IAD). The only issue is when the IAD may hear removal appeals. The IAD concluded that a foreign national must hold a valid visa at the time of removal order issuance.
Facts
Dorinela Pepa, a citizen of Albania, obtained a permanent resident visa in 2018 as a dependent child of her father. Upon arrival in Canada, she disclosed she had recently married, rendering her ineligible as a dependent child. Her visa expired on September 16, 2018, before her admissibility hearing began on September 25. The Immigration Division issued a removal order against her on October 16, 2018. When Pepa appealed to the IAD under subsection 63(2) of the IRPA, the IAD concluded it lacked jurisdiction because her visa had expired before the removal order issuance.
Majority Opinion
The majority allowed the appeal, finding the IAD’s decision unreasonable. Further, the majority held that only one reasonable interpretation exists. Subsection 63(2) of the IRPA requires the visa to be valid at the time of arrival in Canada. The IAD did not justify its interpretation. In short, the IAD ignored relevant precedents, principles of statutory interpretation, and the severe impact on Pepa. Remitting to the IAD with Pepa’s appeal right established is the appropriate remedy.
Disclaimer
Information provided in this article does not constitute immigration or citizenship advice. Only authorised representatives are allowed to assist applicants with immigration and citizenship services for a fee. In addition, immigration laws, regulations, and policies are changing constantly.
If you need help with the assessment of your case, then obtain sound advice from Mrs. Katharina Kontaxis, RCIC-IRB. Only with a proper case strategy can you reach your goal of Canadian permanent residence or Canadian citizenship.
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