Appealing Refused Applications, Removal Orders, Deportation
Appeals for refused and rejected applications, breach of residency conditions, denial of status, deportation orders, removal orders, are all heard before Canadian authorities and the Immigration Appeal Division. 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 in Toronto can represent clients before appellate courts. Schedule a consultation with a lawyer at Kurzfeld Law 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 Toronto 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 a Toronto 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.