Immigration Appeal – Westside Canada Immigration

IAD

Immigration Appeal Division

In certain types of immigration cases, a negative decision can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, which is an independent administrative tribunal. Such appeals are available to those who are citizens or permanent residents of Canada, or persons who have been granted refugee status.

The IAD hears cases on the following issues:

Sponsorship Appeals (Outland Spousal Appeal, Parental Sponsorship Appeal)
Residency Appeals (Permanent Residents who do no meet the Residency Obligation and were found Inadmissible to Canada)
Removal Order Appeals

What you need know

Sponsorship Appeal Process

If you are a Canadian citizen or a permanent resident of Canada, and your application to sponsor a relative was rejected, you may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) within 30 days after the rejection. The appeal process involves a public hearing between the appellant and a Minister’s counsel representing Citizenship and Immigration Canada (CIC). As part of our services, we can represent you, the sponsor, during this hearing to ensure all the necessary information is presented in your appeal.

The sponsorship appeal category includes appeals for your spouse, partner, dependent children, parents and grandparents, and other relatives. If your initial appeal to IAD is rejected, you may appeal to the Federal Court of Canada for a review of IRB’s decision, and must be represented by a lawyer.

What You Need Know

Residency Obligation Appeals

You can make a residency obligation appeal if a Canadian overseas visa office found that you did not meet your residency obligation as a permanent resident. You can file from within Canada or outside Canada.

Anyone can make a residency obligation appeal. However, if you received a removal order inside Canada because you did not meet your residency obligation, you will need to make a removal order appeal.

To file an appeal, you must submit:

A completed Notice of Appeal form for each person in your family affected by the decision.
Two copies of the decision from the overseas visa office.

What You Need Know

Removal Order Appeals

If you are a permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa, and you have been ordered removed from Canada, you may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). You must appeal within 30 days of receiving the removal order. The appeal process involves a public hearing between the appellant and a Minister’s counsel representing Canada Border Services Agency (CBSA). As part of our services, we can represent you during this hearing to ensure all the necessary details of your case are presented to help dismiss the removal order.

If your initial appeal to IAD is rejected, you may appeal to the Federal Court of Canada for a review of IRB’s decision, and must be represented by a lawyer. If the federal court accepts your appeal, it will be returned to IAD for re-hearing.