Immigration Appeal

Immigration Appeals

In Canada, the immigration system allows individuals to challenge certain decisions made by Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) through the immigration appeal process. If you believe that a decision regarding your immigration status is unjust or incorrect, you may have the right to appeal it. The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) handles these appeals. The right to appeal is important because it provides an opportunity to correct errors, submit new evidence, or argue that special circumstances warrant a favorable outcome.

Immigration Appeal can be made for several reasons. Some of the most common appeals are as follows:

Sponsorship Appeals

A sponsorship appeal is initiated when a family sponsorship application by a Canadian citizen or permanent resident is denied. This appeal applies to family members such as spouses, children, parents, or grandparents who are being sponsored to immigrate to Canada.

Removal Order Appeals

Individuals who have received a removal order, which mandates their departure from Canada, may appeal the decision under specific circumstances. Removal orders are typically issued for reasons such as criminal inadmissibility, misrepresentation, or violations of immigration laws.

Residency Obligation Appeals

Permanent residents are required to meet residency obligations in Canada. If they lose their status due to failing to meet these requirements, they have the right to appeal the decision and explain the circumstances that prevented compliance.

Refugee Status Appeals

Refugee appeals are handled by the Refugee Appeal Division (RAD). Refugee claimants who have been denied protection in Canada can appeal the decision, particularly if they believe an error occurred in the decision-making process or if new evidence supporting their claim has come to light.

Frequently Asked Questions

Permanent residents, Canadian citizens, or foreign nationals who are affected by a negative immigration decision, such as the refusal of a family sponsorship application or a removal order, can file an appeal to the Immigration Appeal Division.

The time limits depend on the type of appeal depending upon the type of decision you are contesting. For family sponsorship refusals, you have 30 days to file an appeal. For removal orders, you must file the appeal within 15 days of receiving the order.

The length of time varies depending on the complexity of the case and the IAD. Appeals can take several months to over a year to be heard and decided.

If your appeal is successful, the original decision will be overturned. For example, if a removal order appeal is successful, you will be allowed to remain in Canada.

If your appeal is denied, you may apply for judicial review at the Federal Court.

Yes, in most cases, filing an immigration appeal suspends the enforcement of the original decision, such as a removal order, until the appeal is heard and a decision is made.

Disclaimer

All information provided on this website is for informational purposes only and does not constitute legal advice. We are not associated with Immigration, Refugees and Citizenship Canada (IRCC) or any other government body in Canada. You can access the official IRCC website. The content offered through this website is not a substitute for the personalized advice of a licensed consultant or lawyer.

We disclaim all liability for the use or interpretation of the information on this website and accept no responsibility for any decisions made regarding your immigration application based on the content provided. Before taking or refraining from any action based on the information found here, it is crucial to seek professional advice from a qualified expert as outlined on the IRCC website. Any blogs or articles that do not link to official authorities should be treated as personal opinions or viewpoints and should not be considered authoritative.

Canadian immigration laws, eligibility criteria, and requirements are subject to frequent changes. While we strive to keep this website as accurate and up-to-date as possible, we cannot guarantee that the information provided will always reflect the most recent updates. We strongly encourage users to visit the official IRCC website for the most current and accurate information before making any decisions.

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