Are you worried because your immigration application to Canada has been refused? Are you unsure what made you inadmissible? Well, don’t fret because Immigration Department provides an avenue to appeal immigration decisions.
Roughly more than 500 immigration appeals, as estimated by the Immigration and Refugee Board of Canada, have been filed as of March 2022. Bearing these extraordinary figures of immigration appeals being filed each year, we are dedicated to representing clients’ immigration applications whose applications have been refused.
This blog article aims to touch upon the eligibility criteria to appeal, common grounds for appeal and the legal procedure to appeal before the Immigration Appeal Division (IAD).
Where Appeals Are Made?
The Canadian Permanent residents and citizens whose immigration applications have been refused by the Immigration and Refugee Board (IRB) of Canada are permitted to appeal before the Immigration Appeal Division (IAD).
IAD is an autonomous administrative tribunal established under the IRB of Canada that governs immigration matters relating to failed sponsorship applications, removal orders, and residency applications. The member of the IAD or commonly referred to as the judge of IAD will preside over the immigration appeals.
Note: There is no recognized right to appeal before IAD in case of temporary resident decisions. Rather, one can reapply.
Legal Appeal Procedure
Soon after receiving the refusal letter, 30 to 60 days’ time limit (depending on the type of nature of the application) is allotted to file at the IAD.
After filing the application, one needs to await the response of the IAD regrading whether they are admitted to the hearing or not.
Then, you will be allotted date and time for your hearing. In case the attorney is not available on the mentioned date, another date is given within two business days.
An appeal hearing comprises the IAD judge, the learned counsel, Minister’s counsel, and the witnesses called for evidentiary purposes.
On What Grounds Appeal May Be Allowed?
An appeal may be allowed due to a lack of reasonableness or fairness in the original decision, or a definite error of law or factual information.
However, humanitarian grounds and compassionate considerations may be taken into account by IAD to allow an appeal. For instance, if a child’s best interests are directly associated with the immigration appeal being challenged, then there are high chances that relief may be granted.
Pro-tip: It is imperative to note that IAD is not bound by a stringent set of rules since it is not a court of law. Therefore, the applicants with refused immigration applications are advised to present all the corroborative documentary evidence which may be credibly reasonable with the claims they have brought. The evidence may include financial support and travel documentation, and communication proof between you and the person you are sponsoring in case of sponsorship appeals. In terms of removal order appeals, proof of rehabilitation and the related certificates and credible letters can play an effective role in the admittance of appeal.
Our Skilled Lawyers Can Guide You
Given the time-sensitivity associated with the process of Immigration appeals at IAD, it is highly advisable to engage the services of an immigration lawyer who can help in navigating the complexities involved in the immigration appeal process. If you have any queries relating to immigration appeals, do not hesitate to get in touch with our competent Immigration Lawyers at Ayaz Mehdi Professional Corporation.
Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!