Appealing Refused Applications, Removal Orders, Deportation
The Immigration Appeal Division (IAD) hears appeals related to refused immigration applications, breaches of residency requirements, status denials, and deportation or removal orders. On occasion, immigration appeals may be heard by courts in Ontario.
The Immigration Appeal Division (IAD) is an independent immigration tribunal, part of the Immigration and Refugee Board that hears appeals from immigration matters. It is not connected to Immigration, Refugees and Citizenship Canada (IRCC). It is also not affiliated to the CBSA, the Canada Border Services Agency. Appeals are heard by IAD members (like a judge hears a case in court), and orders are passed. IAD receives most appeals from immigration process. Some may be referred to federal courts.
Only a licensed immigration lawyer can represent clients before appellate courts. Schedule a consultation with a lawyer at Kurzfeld Immigration Law Firm today for accurate advice.
We specialize in complex immigration matters and counsel in Toronto refer tough cases to us.
Why Do You Need an Immigration Lawyer
to File Your Appeal?
The appeal process is not just about filing documents, it requires proving to the appellate authorities that a procedural, administrative, or assessment mistake has been made in your application. Moreover, it must be shown that you have been prejudiced as a result of the decision.
In some cases it may be necessary to show that your personal safety, life, and livelihood may be in danger if you are removed from Canada.
These are all subjective assessments that an appellate court must decide. It takes an experienced immigration lawyer to present the facts accurately and in the right context.
According to Canadian immigration law, only a registered lawyer can file an application before federal Canadian courts on your behalf.
Types of Immigration Appeals
The Immigration Appeal Division adjudicates four types of immigration appeals.
There are four types of appeals that the Immigration Appeal Division hears:
- Removal orders – Asking permanent residents, convention refugees, or other protected persons to leave the country.
- Appeals by permanent residents – Appeals from PR holders who have not met the minimum requirements of being physically present in Canada.
- Minister of Public Safety – Can appeal decisions that have been made in favor of immigrants during admissibility hearings.
- Family sponsorship – Sponsorship appeals for refused applications, regarding conditions of stay, and inadmissibility for other reasons.
Most removal orders and deportation orders can be appealed before the Immigration Appeal Division (IAD) or federal courts in Canada. Speak to our immigration lawyer immediately if you have been served by IRCC. The sooner you are able to file an appeal the better it may be for your application.
If your immigration appeal is unsuccessful, you may still have options to stay in Canada. In certain cases, applying for permanent residency on Humanitarian and Compassionate (H&C) grounds may be the next best course of action. This is particularly relevant if you’re facing removal and have strong personal, family, or community ties in Canada.
Frequently Asked Questions
Can I appeal a refused immigration application in Canada?
Yes, certain immigration decisions may be appealed depending on the application type and reason for refusal. Appeals may be heard by the Immigration Appeal Division (IAD), while some decisions may require judicial review in Federal Court.
What types of immigration appeals can be filed in Canada?
Common immigration appeals include family sponsorship refusals, removal orders, permanent resident residency obligation appeals, and certain admissibility matters. Eligibility depends on the facts of each case.
What is the Immigration Appeal Division (IAD)?
The Immigration Appeal Division (IAD) is an independent tribunal within Canada’s immigration system that reviews specific immigration decisions and determines whether they should be overturned, dismissed, or returned for reconsideration.
Can I appeal a removal or deportation order?
Some permanent residents and protected persons may have the right to appeal a removal order depending on the circumstances of the case and applicable immigration rules.
How long do I have to file an immigration appeal?
Appeal deadlines can be strict and vary depending on the decision type. Missing a deadline may affect your ability to challenge the decision, so it is important to act promptly.
Can a refused family sponsorship application be appealed?
In many situations, Canadian citizens and permanent residents may appeal refused family sponsorship applications through the Immigration Appeal Division, depending on the refusal grounds.
What happens during an immigration appeal hearing?
During an appeal hearing, evidence and legal arguments are presented to support the appeal. The decision-maker reviews the case and may allow the appeal, dismiss it, or send the matter back for reconsideration.
