Introduction

If your visa or immigration application has been refused, you may be able
to appeal the decision. The appeals process provides an opportunity for you to
challenge the decision made by the immigration authorities. Not all decisions can be
appealed, and not everyone is eligible to appeal. This section will explain who can
appeal and what types of decisions can be appealed.

Eligibility

In order to be eligible to appeal, you must have received a decision that can
be appealed, such as a refusal of a visa or immigration application. You must also meet certain deadlines for filing your appeal and provide all necessary documentation. It is important to note that not everyone is eligible to appeal, and the eligibility criteria may vary depending on the type of decision being appealed.

Process

The appeals process typically involves several stages, including an initial
review, a hearing, and a decision. You will need to file your appeal within a certain
timeframe and provide any additional evidence or documentation to support your case.
After your appeal is filed, you may be invited to attend a hearing where you will have the opportunity to present your case. Following the hearing, a decision will be made, and you will be notified of the outcome.

Fees

There are fees associated with filing an appeal, which may vary depending on the
type of decision being appealed. However, there may be waivers or exemptions
available for certain individuals, such as those who are unable to pay the fees due to
financial hardship. It is important to review the fee schedule and any waivers or
exemptions before filing your appeal

Immigration Appeal Division (IAD)

The IAD hears cases on the following issues:

  • Sponsorship Appeals 
  • Residency Appeals
  • Removal order

In order for the Immigration Appeal Division (IAD) to review your decision, you must obtain leave after they have reviewed your documents.  During this stage of the process, you must demonstrate to the IAD that an error was made or that the decision was in some way unfair or unreasonable. Once leave has been established, you and your immigration consultant can attend a hearing before the IAD to further explain your reasons for appealing.

Sponsorship Appeals

  • After receiving notice that your Sponsorship application was refused, you have 30 daysto file an appeal.  After this time, nothing can be done and the previous decision is upheld.
  • The Appeal will be approved or dismissed:                                                                        – If the appeal is granted, processing of your case will continue at CIC.  You can start the appeal procedure over in Federal Court if you are victim of a secondary rejection at the IAD.

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    Residency Obligation Appeals

    • 60 days to appeal
    • IAD member will hold a hearing
    • Appeal may be:
      • Allowed, permanent resident status restored;
      • Dismissed, status will be revoked and, should the appellant be in Canada, a removal order will be issued.

    Removal Orders Appeals

    The Immigration Appeal Division may accept appeals of Removal Orders from Permanent Residents.

    Whether you have an appeal right as a permanent resident will depend on the circumstances surrounding the issuance of the Removal Order. There will be no right to appeal if it has been established that you are inadmissible due to organised crime, crimes against humanity, espionage, or other more serious security issues.

    Additionally, you will lose your right to appeal if you are judged to be inadmissible for serious crimes and receive a sentence of imprisonment in Canada of at least six months. You may still appeal the ruling to the Federal Court of Canada in following instances.

    The Immigration Appeal Division (IAD) will not hear appeals from foreign nationals against their removal orders. But the choice to issue a Removal Order may still be contested in Canada’s Federal Court.

     

    Types of Removal Orders and their Consequences:

    Departure Order

    A departure order requires that you leave Canada within 30 days, confirming your departure with the CBSA on exit from the country. If you do            not leave Canada within the 30 days, in nearly all cases the departure order will become a deportation order.

    Exclusion Order

    An exclusion order requires that you leave Canada, confirming your departure with the CBSA on exit from the country. Depending upon the reasons for which the exclusion order was issued, you will be barred from making an application to return to Canada for one to five years.

    Deportation Order

    A deportation order requires that you leave Canada, confirming your departure with the CBSA, failing which the CBSA will arrange for your removal from Canada. If you leave Canada under a deportation order, you will require an ARC (Authorization to return) should you ever want to return to Canada.

    You must always depart Canada if you are subject to a removal order. You can submit an application for a Pre-Removal Risk Assessment (PRRA) to have your risks evaluated before removal if you are concerned about returning to your country of nationality or usual residence.

    FAQ

    1 How long does the appeals process take?
    The appeals process can vary depending on the type of decision being appealed and the complexity of the case. However, most appeals are resolved within several months to a year.
    2 Can I appeal a decision if I have already left the country?
    In most cases, you must be present in the country in order to file an appeal. However, there may be exceptions for certain types of decisions.
    3 What documents do I need to provide with my appeal?
    You will need to provide any additional evidence or documentation to support your case, such as employment records, financial statements, or medical reports. It is important to review the requirements for your specific case and provide all necessary documentation.