Appeals
Appealing an immigration decision in Canada involves several steps and depends on the specific type of immigration case. Here are the key points to consider:
Types of Immigration Appeals
Refugee Claims:
- If your refugee claim is rejected by the Immigration and Refugee Board (IRB), you can appeal to the Refugee Appeal Division (RAD) of the IRB.
Sponsorship Appeals:
- If your family sponsorship application is refused, you can appeal to the Immigration Appeal Division (IAD) of the IRB.
Removal Orders:
- If you receive a removal order, you may appeal to the IAD unless you are ineligible (e.g., due to serious criminality).
Residency Obligation Appeals:
- If you are a permanent resident and receive a decision stating you have not met your residency obligation, you can appeal to the IAD.
Specific Considerations
Legal Representation:
- While it is not mandatory to have a lawyer, having legal representation can significantly enhance the chances of a successful appeal.
Timing and Deadlines:
- Strict deadlines apply to filing appeals, and missing these deadlines can result in the loss of the right to appeal.
Grounds for Appeal:
- Clearly articulate the grounds for your appeal, such as errors in law or fact, procedural fairness, or new evidence that was not previously considered.
Appealing an immigration decision in Canada is a structured process that requires careful preparation and adherence to timelines. By understanding the type of appeal relevant to your situation, gathering thorough documentation, and possibly seeking legal assistance, you can navigate the appeal process more effectively. For the best chance of success, familiarize yourself with the specific requirements and procedures of the IRB and consider professional legal support.
If you need specific advice or assistance, consider consulting with an immigration lawyer or a registered immigration consultant who specializes in Canadian immigration law.
Schedule a meeting
Let’s discuss the details
Schedule a meeting at one of the offices or online. A lawyer will analyze the situation, calculate the cost and help you find a solution based on your goals.
- Preparation of documents
- Due Diligence
