The Immigration appeals division hears appeals on immigration-related matters, including sponsorship, removal orders and residency obligations.
Furthermore, we will also represent you in the following hearings:
- Detention Review
If Citizenship and Immigration Canada has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the IAD. The sponsor has certain time after the refusal to appeal to the IAD, make sure that you do not miss the deadline.
Removal Order Appeals
Th permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa who has been ordered removed from Canada, may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
There are three types of removal orders: departure order, exclusion order, deportation order.
Residency Obligation Appeals
Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer (also outside Canada) with Citizenship and Immigration Canada (CIC) finds that he or she has not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the CIC decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). from CIC.
You may lose your permanent resident status if:
- you do not live in Canada for two out of five years;
- you are convicted of a serious crime and told to leave Canada; or
- you become a Canadian citizen.
If your refugee claim is rejected, you may appeal this decision to the RAD. However, you cannot appeal to the RAD in the following cases:
- you are a Designated Foreign National (DFN)
- your claim was referred as an exception to the Safe Third Country Agreement
- the RPD decided that your claim is manifestly unfounded
- the RPD decided that your claim has no credible basis
- your claim was withdrawn or declared abandoned
- your claim was referred to the IRB before the coming into force of the new refugee protection provisions
If your claim is rejected, you have to leave Canada. You may, where the law permits, request that the decision be reviewed.
In addition, other options may be available to you:
Pre-removal risk assessment
If you are told to leave Canada, you may be able to apply under this process. If so, an officer reviews the documents related to your case and any other evidence.
Apply to the Refugee Appeal Division at the Immigration and Refugee Board of Canada
If you received a negative decision on your refugee claim, you may be able to appeal to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board of Canada. But some failed claimants are not eligible to apply. Find out more about the RAD.
Apply to the Federal Court of Canada for judicial review
You can have a lawyer ask the Federal Court of Canada to review the decision made on your case.
Humanitarian and compassionate grounds
In some exceptional circumstances, people are allowed to become permanent residents under these grounds.