Immigration Appeals  

Understanding Immigration Appeals in Canada  

When Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) makes a decision that negatively impacts your status in Canada, you may have the right to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).  

The IAD is an independent tribunal that reviews decisions on:  

✅ Sponsorship appeals (e.g., refused family sponsorship applications)  
✅ Removal order appeals (for permanent residents facing deportation)  
✅ Residency obligation appeals (for PRs accused of not meeting residency requirements)  
✅ Minister’s appeals (rare cases where CBSA challenges a decision)  

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Do You Have the Right to Appeal?  

Not all immigration decisions can be appealed to the IAD. You may qualify if:  

• You are a permanent resident issued a removal order.  
• Your family sponsorship application was refused.  
• You received a negative decision on your residency obligations.  

Note: Temporary residents (e.g., visa holders) generally cannot appeal to the IAD but may seek judicial review at the Federal Court.  

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How We Can Help With Your Appeal  

Navigating an IAD appeal requires strong legal arguments, thorough evidence, and an understanding of humanitarian considerations. My services include:  

 1. Case Assessment & Grounds for Appeal  

– Reviewing refusal letters and identifying legal errors.  
– Determining if you have humanitarian and compassionate (H&C) grounds.  

 2. Preparing Your Appeal  

– Gathering supporting documents (e.g., proof of establishment in Canada, family ties).  
– Drafting written submissions and legal arguments.  

 3. Representing You at the Hearing  

– Presenting your case before an IAD member.  
– Cross-examining CBSA/IRCC witnesses (if applicable).  

 4. Post-Appeal Support  

– Assisting with compliance if the appeal is allowed.  
– Exploring other options (e.g., PRTD applications, judicial review) if the appeal is dismissed.  

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Hypothetical Case Examples  

Case 1: Successful Sponsorship Appeal  

Issue: A Canadian citizen’s spouse was denied permanent residency due to a misunderstanding about their relationship’s legitimacy.  

Our Action:  

– Submitted additional evidence (joint accounts, travel records, affidavits from friends).  
– Argued that the visa officer misinterpreted the evidence.  

Outcome: Appeal allowed—spouse granted PR.  

Case 2: Residency Obligation Appeal  

Issue: A PR lived outside Canada for 4 years due to caring for a sick parent.  

Our Action:  

– Proved strong H&C grounds (medical records, proof of intent to return).  
– Showed ongoing ties to Canada (property, family, taxes).  

Outcome: PR status maintained.

Note: “The case examples above are hypothetical (based on common immigration appeals scenarios). Results vary based on individual circumstances. For official guidelines, refer to the IRB or CBSA.”  

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Pricing Structure  

IAD appeals are complex and time-consuming. Fees vary based on case type and complexity:  

Note: Fees may adjust for cases requiring extensive evidence collection, expert testimony, or travel.  

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Frequently Asked Questions (FAQ)  

1. How long does an IAD appeal take?

– Average processing time: 12–24 months.  
– Urgent cases (e.g., imminent removal) can request expedited processing.  

2. Can I stay in Canada during my appeal?

– For PRs under a removal order: Usually yes, unless CBSA issues a danger opinion.  
– For sponsorship appeals: The sponsored person may need to wait outside Canada.  

3. What are my chances of winning an appeal?

Success depends on:  
✔ Strength of legal arguments.  
✔ Quality of evidence (e.g., proof of establishment, H&C factors).  
✔ Whether procedural fairness was followed in the original decision.    

4. What if my appeal is denied?

You may seek judicial review at the Federal Court within 15–30 days (depending on case type).  

5. Can I submit new evidence at the appeal?

Yes! The IAD allows new documents, witness testimony, and H&C arguments not initially considered.  

Note: Case results vary; this FAQ provides general information only.

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Official Resources  

For more details, refer to:  

– IRB IAD Overview  
– IAD Rules & Procedures  
– Appeal Application Forms

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Need Help With Your Appeal?  

Time limits apply—contact us as soon as you receive a refusal.  
📞 Phone: (514) 607-5999
✉ Email: Through the Contact form here