Appealing Immigration Decisions
Under the current immigration law, not everyone has the right to appeal an immigration decision. In addition, not every decision made by Canadian immigration authorities can be appealed. Generally, only permanent residents of Canada have the right to appeal an immigration decision and only in certain situations, such as the refusal of sponsorship applications , issuance of removal orders against them, or if they have been found not to have met their residency obligations.
Appeals go to the Immigration Division (ID) or the Immigration Appeal Division (IAD), both of which are part of the Immigration and Refugee Board (IRB). The ID holds admissibility hearings for people who are believed to have contravened the Immigration and Refugee Protection Act (IRPA) and are facing removal from Canada. The IAD hears four types of immigration appeals: family class sponsorship, removal orders against permanent residents, permanent residents found not to be have met residency requirements, and appeals by the Canada Border Service Agency (CBSA) on decisions of admissibility made by the Immigration Division.
All decisions made by IAD and ID are based on the evidence provided and the law that applies to the case. You have the right to be represented by legal counsel at the hearing at your own expense. You also have the right to an interpreter and may call witnesses to support your case.
An appeal to the IAD is filed by completing an appeal form. There is time limit in the filing of the appeal.
If you are not happy with the decision of the IAD, you may seek permission and apply to the Federal Court for judicial review
This link will provide more information on the types of appeals and the requirements. The information provided is based on brochures and bulletins from the IRB website http://www.irb.gc.ca. Our brochure contains only general legal information. The law can change, and each person’s situation is different. If you have any question about your specific situation, please consult your local community legal clinic, community agency or an immigration lawyer.