Canadian Immigration and Refugee Appeals

Canadian Immigration and Refugee Appeals

Immigration Appeals

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) is responsible for hearing appeals on immigration-related matters including family members sponsorships, removal orders and residency obligations.

If you sponsored a family member and their application for permanent residence was refused, you have 30 days after receiving the refusal letter to appeal the refusal to the Immigration Appeal Division (IAD) subject to the certain conditions.

If you have received a removal order from the Immigration Division (ID) after an admissibility hearing or during an examination by an immigration officer, you have 30 days after receiving the removal order to appeal the removal order to the Immigration Appeal Division (IAD). You can make removal order appeal to Immigration Appeal Division (IAD) only if you a permanent resident of Canada, a foreign national with a permanent resident visa, or a Convention Refugee or a Protected Person.

If you applied for a permanent resident travel document (PRTD) at an overseas Canadian visa office and your application was refused, you have 60 days after the refusal of your application to file a residency obligation appeal to the Immigration Appeal Division (IAD). 

If you received a decision from the Immigration Division (ID) at your admissibility hearing allowing you to stay in Canada and the Minister has appealed the Immigration Division (ID) decision to the Immigration Appeal Division (IAD), the Minister is required to provide you with a  notice of appeal.

Refugee Appeals 

If the Refugee Protection Division (RPD) has denied your claim for refugee protection in Canada,  you can appeal the RPD decision to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada (IRB) under specific conditions. You must file a notice of appeal to the Refugee Appeal Division (RAD) no later than 15 days after the day on which you received the written reasons for the Refugee Protection Division (RPD) decision.

If the Refugee Protection Division (RPD) has approved your claim for refugee protection in Canada and the Minister is appealing the RPD decision to the Refugee Appeal Division (RAD), you have the right to respond to the appeal.

Refugee Appeal Division (RAD) has authority to set aside RPD decision, confirm RPD decision or refer the refugee claim back to the RPD and order a new hearing, giving the RPD the directions that Refugee Appeal Division (RAD) considers appropriate.

If you appeal RPD negative decision to Refugee Appeal Division (RAD) and your appeal is denied or if the Minister appeals RPD positive decision to the Refugee Appeal Division (RAD) and the Minister’s appeal is denied, you or the Minister can file application for leave and for judicial review to the Federal Court of Canada.

If you are planning to file or respond to Immigration Appeal or Refugee Appeal, please contact your own Canadian Immigration Lawyer Bikramjit Singh to schedule a consultation meeting to discuss your matter.

Phone: (780) 729 – 0007