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APPEALS

Have you been denied by the Immigration and Refugee Board of Canada?

We can help you appeal your case

Appeals may be allowed If there is an error in law, or fact, in the decision or if the decision made was unfair or unreasonable

There are four types of appeals heard by the Immigration Appeal Division:

  1. Family Class Sponsorship Appeals
  2. Removal orders made against permanent residents, convention refugees and other protected persons by the CBSA officer or IRB Immigration Division
  3. Permanent residents who failed to meet the residency requirements
  4. Minister’s appeal of an ID decision

Sponsorship appeal

Canadian Citizens and Permanent residents whose sponsorship application was refused by Immigration, Refuges and Citizenship Canada (IRCC) may appeal.

Note: Appeals will not take place for applicants who have been found inadmissible to Canada;

*For more details in regard to inadmissibility please visit our 

Appeals may be allowed or dismissed. If dismissed permission may be asked from the Federal Court of Canada to apply for judicial review of the IAD decision.

Removal Order Appeal

Permanent residents, protected persons, Convention refugees and foreign nationals with a permanent resident visa may file for an appeal.

Note:

  • Appeals will not take place for refugees whose protection claim has been rejected.
  • Removal cases under review will place the removal order on hold until a decision is made.

Appeals may be allowed or dismissed. If dismissed Canada Border Services Agency may remove the person from Canada or permission may be asked from the Federal Court of Canada to apply for a judicial review of the IAD decision.

Residency Obligation Appeal

Permanent residents may appeal if it is determined by abroad officers that residency requirements have not been fulfilled.

Appeals may be allowed or dismissed. If dismissed the person will lose permanent resident status and a removal order will be made against the applicant by the IAD.  However, permission may be asked from the Federal Court of Canada to apply for judicial review of the IAD decision.

If the appeal is allowed, permanent resident status will not be lost. 

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