Know the Process of Canada Immigration Appeals

The Immigration Appeals Division (IAD) hears appeals of immigration matters such as sponsorships, removal orders and residency obligations. These appeals may be on humanitarian and compassionate grounds.

Sponsorships for spouses and common-law partners are among the IAD’s biggest caseloads. Spousal sponsorships that are refused due to misrepresentation are another area of focus.

Sponsorship appeals


If your application to sponsor a relative for permanent residence was refused, you may appeal to the Immigration Appeal Division (IAD) within 30 days of receiving the decision. The IAD may decide to set aside the original decision, or it may choose to accept the sponsorship application.

The IAD has the power to look at issues that were not considered before the visa officer and it is bound by the duty of fairness in all its proceedings. This means that any evidence that could be used to support your case should be considered before the board member makes a decision.

Appeals to the IAD can be a long process, and it is often recommended that you hire Ronen Kurzfeld Immigration Lawyer Toronto to help you through the procedure. They will prepare the Notice of Appeal - Sponsorship Appeal form, documents, witnesses and translations that you need to submit to the IAD. They will also represent you at the hearing, and work with you to ensure that your appeal is presented in the best way possible.

Removal orders


Removal orders are imposed on foreign nationals who are inadmissible to Canada and require them to leave the country. Permanent residents and temporary resident holders have the right to appeal a removal order in Canada Immigration Appeals.

If you have received a removal order, you need to consider your options as soon as possible. Speak with an experienced immigration attorney to explore your options for appealing the decision.

An appeal against a removal order is similar to a hearing in court and involves two parties: the applicant and Minister’s Counsel. This is a public hearing that may be covered by the media.

You will need to present evidence to show that the immigration authorities made a wrong decision in fact or law and that there are humanitarian and compassionate grounds to allow you to stay in Canada. This can be difficult and requires expert legal advice. Getting a lawyer to represent you during the appeal hearing will help increase your chances of winning.

Residency obligation appeals


When you become a permanent resident of Canada, you take on an obligation to be physically present in Canada for at least 730 days out of every five years.

A visa officer or Canadian Border Services Agency (CBSA) officer at a port of entry may find that you did not meet this requirement, which could result in you losing your permanent residence. This can be a complex situation and you should have an immigration lawyer who will work with you through this process.

Residency obligation appeals often arise after a person has failed to show they have acquired the minimum number of days required for their residency status. If this is the case, an individual may be able to prove that they have met their obligation by using documents that prove that they were physically present in Canada for the required number of days during each five-year period.

Humanitarian and compassionate grounds


If you are not eligible for a regular immigration application, you may be able to request permanent residence on humanitarian and compassionate grounds. This type of application is not for everyone, but it can be a valuable route to Canadian residency.

H&C applications are based on unique circumstances and can be granted some exemptions from the Immigration and Refugee Protection Act (IRPA) or the Immigration and Refugee Protection Regulations (IRPR). However, the process is a highly discretionary one, so officers have a lot of freedom to decide whether or not it is reasonable for them to grant a special exemption.

For example, an officer will consider a person’s family life in Canada and how settled the person is in the country. They will also consider the best interests of minor children.

Location: Canada

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