Immigration Appeals: Understanding the Process in Canada

If your immigration application has been refused by the Canadian government, you may be eligible to file an appeal. An appeal allows you to present your case again to a higher authority, who will re-assess your situation and decision. Here’s what you need to know about immigration appeals in Canada.

Who can Appeal?

Not all immigration cases can be appealed. Appeals are only available for some types of applications and under certain circumstances. Generally, you can appeal a decision if you have applied for:

- Canadian citizenship

- Permanent residency

- Sponsorship

- Refugee claim

It’s important to note that some types of refusals are not eligible for appeal, such as inadmissibility on security grounds or misrepresentation. Additionally, if you received an appealable decision, you must act quickly—the deadline to appeal is usually 30 days.

How Does the Appeal Process Work?

The immigration appeal process in Canada is complex and involves several steps. Here’s a general overview:

1. Notice of Appeal

First, you must file a notice of appeal with the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). In this notice, you explain why you believe the decision to refuse your application was wrong.

2. Submission of Appeal Record

Next, you need to submit an appeal record to the IAD. This record includes all the relevant documents and evidence that supports your appeal. You may also include a written submission.

3. Review by the IAD

The IAD will review your appeal record and consider your written submission. They may also hold a hearing where you can present your case in person.

4. Decision

Finally, the IAD will make a decision based on the evidence presented. They may uphold the original decision, set it aside, or change it in some way. This decision is final and cannot be appealed further.

Do I Need a consultant who can represent you at IRB?

While you’re not required to hire a RCIC-IRB, for an immigration appeal, it’s highly recommended. An RCIC-IRB can help you prepare your appeal record, advise you on the strengths and weaknesses of your case, and represent you at the hearing.

At Safe and Sound Immigration, we understand that immigration appeals can be stressful and confusing. That’s why we’re here to help. Our team and experienced immigration consultant will work tirelessly to present your case in the strongest possible light.

Contact us today to request a consultation.