If you have had a negative decision made in your immigration matter, such as a visa officer refusing your application or the Immigration Division issuing a removal order, you have the right to appeal to a Canadian court.
In most cases, the process begins with filing a Notice of Appeal form together with a copy of the refusal decision being appealed. The Immigration authorities then prepare a Tribunal Record, which is normally produced within three or four months of the filing date.
Appeals by permanent residents
If you are a permanent resident, you may be able to appeal your immigration status. This is an opportunity to have a different authority review a decision that you believe was made wrongly.
The Immigration Appeals Canada (IAC) hears various types of appeals, including appeals from refusal family sponsorship applications, removal order appeals and residency obligation appeals. The IAC may also consider humanitarian and compassionate considerations in some cases.
If you are a permanent resident and a visa officer abroad determines that you have not met your residency obligation, you can appeal this to the Immigration Appeal Division within 60 days. If the IAD overturns this, your status will be reinstated and you can remain in Canada. However, if the IAD does not overturn this, you will lose your permanent resident status and the Immigration and Refugee Board of Canada may issue a removal order against you.
Appeals by family members
Most people don’t think of filing an appeal when it comes to their family court case but it can be a good idea to get the ball rolling. Appeals can have many advantages including giving you more time to make decisions and less pressure on your legal team. The best part is that most courts don’t make a habit of denying you the chance to have a say in your own case.
A successful appeal can result in a new trial, a reduced or eliminated amount of money and other perks to go with it, a fresh start for the parties involved and maybe even a happier family. This is especially true if the appellate court is on your side. There is a lot to learn about the process, so do yourself a favour and speak with Mississauga Immigration Lawyer Ronen Kurzfeld before you file your petition.
Appeals by sponsors
If you have tried to sponsor a relative for immigration to Canada but were rejected, you may be able to appeal this decision. The Immigration and Refugee Board of Canada (IRB) has an administrative tribunal, the Immigration Appeal Division, that hears appeals from sponsors.
The IAD is independent of both Immigration, Refugees and Citizenship Canada (IRCC) and the government department responsible for immigration enforcement, the Canada Border Services Agency. The sponsor must convince a Member (a decision-maker) of the IAD that the original decision should be set aside and that the sponsored family member can be allowed to immigrate to Canada.
The IAD Rules have been changed recently to increase the speed of proceedings. This is intended to assist the government’s commitment to reduce immigration processing times and expedite family reunification. The Rules also aim to improve the quality, efficiency, fairness and consistency of the adjudicative process.
Appeals by foreign nationals
If you have been denied an immigration benefit by an Immigration Judge or USCIS, you may be able to appeal the decision. This process involves submitting a brief to the Board of Immigration Appeals (BIA), which then reviews the case and decides whether to uphold or overturn the original ruling.
Appellants must comply with certain requirements to appeal decisions by the BIA. Failure to do so may result in the dismissal of the appeal.
The BIA may also issue Requests for Evidence (RFE) or Notices of Intent to Deny (NOID), which ask for additional information before making a decision. Appellants should respond to these requests as soon as possible, and they must submit all requested materials together at one time.
After an Immigration Judge makes a final decision, the foreign national has thirty days to file an appeal. The BIA then sends a briefing schedule to the foreign national or their attorney, which sets out the timeframe for submitting a legal brief.
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