Immigration Appeals

Immigration Appeals

The Immigration Appeal Division (IAD) hears appeals on immigration matters such as appeals from refused sponsorship applications and from removal orders.

The IAD hears four types of appeals:

  • Sponsorship appeal
  • Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division
  • Residency obligation appeal
  • Minister's appeal of an ID decision

An appeal is allowed…

  • if the decision being appealed was wrong in law or fact,
  • if there was a breach of a principle of natural justice (for example, a breach to the right to be heard or to be heard by an impartial person), or
  • in some cases, on the basis of humanitarian and compassionate considerations.

Sponsorship appeal

Who can appeal?

Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused by Immigration, Refugees and Citizenship Canada (IRCC).

Who cannot appeal?

Sponsorship appeals are not possible for persons who have been found inadmissible to Canada based on:

  • serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years,
  • organized criminality,
  • security grounds,
  • violations of human or international rights, or
  • misrepresentation (unless the sponsored family member is the sponsor's spouse, common-law partner or child).

If the appeal is allowed…

After a sponsorship appeal is concluded by the IAD making a final decision in the appeal, in most appeals the IAD is no longer involved in the file. The continuation of the processing of the file is done by Immigration, Refugees and Citizenship Canada IRCC, not the IAD, and the file goes abroad to a visa office or is completed here in Canada at a Case Processing Office.

In order to verify file processing times at visa office’s abroad, please consult IRCC's Check your application status.

If you wish to make specific inquiries about a file to the visa office, you can fill out the IRCC Web form. This will send the inquiry directly to the source visa office.

If the appeal is dismissed…

The sponsor may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.

Removal order appeal

Who can appeal?

Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada.

Who cannot appeal?

None of these persons can appeal their removal order if they have been found inadmissible to Canada because of:

  • serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years,
  • organized criminality,
  • security grounds, or
  • violations of human or international rights.

The following persons also cannot appeal a removal order:

  • claimants whose refugee protection claim has been rejected, and
  • foreign nationals without a permanent resident visa.
  • If the appeal is allowed…
  • The person will be permitted to remain in Canada.

If the appeal is dismissed…

The Canada Border Services Agency may remove the person from Canada.

The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.

Residency obligation appeal

Who can appeal?

Permanent residents determined by an immigration officer abroad not to have fulfilled their residency obligation.

If the appeal is allowed…

The person will not lose permanent resident status.

If the appeal is dismissed…

The person will lose permanent resident status. If the person is in Canada, the IAD will issue a removal order. The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision

NEED HELP?

At ICGCI, we may help you with advice and filing of your application. Call us at +1 (604) 719-8200, or email us at contact.icgci@gmail.com to learn how we can help in your specific case!


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Date

17 September 2020

Categories

Immigration Appeals
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