IMMIGRATION APPEALS BEFORE THE IMMIGRATION APPEAL DIVISION (IAD)

If you are advised by Canada Immigration that your family member’s application for Canadian immigration was refused or a removal order was made against you or you failed to comply with residency obligations , do not panic! You have options.

You are eligible to appeal — visa refusal of family class
A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa. It includes cases where the sponsorship of a parent, grandparent, child, minor orphaned brother or sister or a spouse has been refused by a visa officer.

You are eligible to appeal — visa and removal order
A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them. It includes cases in which a removal order has been made against a permanent resident of Canada who is being deported because of a criminal conviction.

You are eligible to appeal — removal order
A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

You are eligible to appeal — residency obligation
A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28 of the Immigration and Refugee Protection Act. Appeals by individuals who have lost their permanent resident status due to failure to comply with their residency obligation (when staying outside Canada for too long) or due to misrepresentation (for example, a person who has lied in their application forms about a criminal record or about his/her relationship with a spouse) to immigration authorities

To accelerate the processing of these appeal cases, the hearings officer should try to ascertain as soon as possible the grounds for appeal to be used before the IAD, namely, whether there is a challenge in law or whether it will be argued that there are compassionate or humanitarian considerations that warrant the granting of special relief, or both.