IAD Appeals

If your appeal to the IAD is rejected, you are left with little choice. You can apply for a judicial review in Federal Court, where a judge will determine whether the IAD made an error in the law in arriving at its decision. It doesn't entail the re-hearing of the case, but judicial review will establish whether the proceedings conducted by IAD applied the law properly or not. Again, judicial review is bound to time frames, and certain requirements must be complied with legally. So, it's best to have an immigration lawyer for consultation before making this appeal. If judicial review is not possible, or if it is also denied, you may need to explore other immigration options, such as applying for a temporary resident permit or a different type of visa, depending on your situation.

The Immigration and Refugee Board of Canada is composed of the Immigration Appeal Division. Their main role pertains to their handling of immigration-related decisions to appeals. Among the options people have in dealing with IAD is appealing those specific Immigration, Refugees, and Citizenship Canada and the Canada Border Services Agency decisions. There are cases concerning refusal of eligibility for permanent residence, eligibility as a sponsor and removal orders, among others. The IAD will deliberate upon the appeal; however, should it deem fit to hold a hearing, it may confirm, vary, or rescind the decision. Thus, the IAD is one important legal recourse that any person could resort to for challenging any unfavourable immigration decisions made.

The person to whom a decision eligible for appeal is applied to may apply for an appeal through the Immigration Appeal Division, especially if a permanent residence application was denied, one's sponsorship for another person or party was revoked, or where an order was made against your person by the Canadian government in regards to deportation. Specifically, permanent residents and Canadian citizens can appeal a decision if they are sponsoring a family member and that sponsorship is refused. A person who has a removal order given against them, or someone denied entry into Canada, can also apply for a right of appeal. However, most immigration decisions do not qualify to be appealed; therefore, your case must fall within those qualifications.

To file an appeal with the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB), you must first determine your eligibility based on the type of appeal—whether it's for a sponsorship refusal, a removal order, or a residency obligation issue. Once you confirm eligibility, you need to complete the appropriate Notice of Appeal form available on the IRB’s website, ensuring you submit it within the specified deadlines: within 30 days for sponsorship refusals and removal orders, and within 60 days for residency obligation issues. Along with the form, you must submit supporting documents, including the decision letter you are appealing and any other relevant materials. After submitting your appeal, the IAD will review your case and notify you of a hearing date. At the hearing, you can present your arguments and evidence to support your appeal. Following the hearing, the IAD will issue a decision, either allowing or dismissing your appeal. If successful, the IAD may overturn the original decision, such as granting permanent residency or cancelling a removal order. It’s advisable to consult with legal counsel, though you can represent yourself, and ensure you communicate any changes to your contact information to the IAD promptly. For more details, always refer to the official IRB website to stay updated on the most current procedures.

During an Immigration Appeal Division (IAD) hearing, the appellant presents their case and reasons why the original immigration decision should be overturned. The IAD reviews evidence, listens to arguments, and considers documents submitted before the hearing. The appellant can bring legal representation and present witnesses or expert testimony. If the appellant has provided all required documents, such as proof of work experience or residency, the IAD will factor this into their decision. Submitting complete and timely documents is crucial, as it ensures the IAD has all necessary information to make an informed decision. If further evidence is needed, the IAD may request more documents or adjourn the hearing.

Once the IAD has considered your appeal, you have a number of options open to you after your case. The IAD can either uphold the decision from the first stage, making your refusal or removal order effective. Otherwise, the IAD may approve your appeal and overturn the decision. You may be granted the immigration benefit that was refused to you at the first instance, such as getting permanent residency approved or having the removal order cancelled. Sometimes, the IAD may send the matter back to the very immigration officer or department which actually made the determination in the first place for consideration or review. Sometimes, once the IAD makes a determination, that's final. Occasionally, you'll have the option of appealing that determination in Federal Court if you feel that it is wrong at law.