Immigration Appeal Division Appeals: How Sponsorship & Permanent Resident Appeals Work
If your immigration application has been refused or you have received a removal decision, it's common to worry about what the decision means, whether you have a right to appeal, and how much time you have to respond. Certain immigration decisions can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada.
Your ability to appeal an immigration decision will depend on the type of decision, such as family sponsorship refusals, certain removal orders, and decisions involving permanent residents who haven't met their residency obligations.
At Golden & Associates, our attorneys assist clients in Vancouver, British Columbia, and throughout the surrounding area, including Burnaby, Surrey, and Coquitlam, with immigration appeals and related concerns. If you've received an unfavorable immigration decision and need to determine your options, reach out to us to schedule a consultation.
When Can a Sponsorship Refusal Be Appealed?
If Immigration, Refugees and Citizenship Canada (IRCC) refused your application for a sponsored family member's permanent resident visa, Canadian citizens and permanent residents who submitted qualifying family sponsorship applications can have a right to appeal the refusal to the IAD.
The initial refusal may have stemmed from questions about your relationships, admissibility, eligibility, or the evidence you submitted in your original application. In these cases, you can often appeal the decision and submit additional evidence. However, your right to appeal may be limited in certain circumstances, such as those involving serious criminality, organized criminality, security issues, and violations of human or international rights.
If you decide to file a sponsorship appeal, you will typically have 30 days after you receive the refusal to submit the required appeal documents to the IAD. Your filing must include a Notice of Appeal and a copy of the refusal letter. An experienced Canadian immigration lawyer can review your refusal and help identify the legal and factual issues you need to address.
When Can Permanent Resident Decisions Be Appealed?
If your permanent resident application has been denied by the IAD, you may be able to submit an appeal under certain circumstances. These typically include the following:
Removal orders: Permanent residents can generally appeal certain removal orders, although statutory restrictions can eliminate your appeal rights in inadmissibility cases.
Permanent resident residency obligations: Canadian immigration law generally requires those seeking permanent residency to be physically present in Canada for at least 730 days during the applicable five-year period. If you received a denial but completed this obligation, you can submit an appeal. In some situations, qualifying time outside Canada may count toward the 730-day limit.
When an IRCC officer outside Canada decides that you haven't met the residency obligation, you may have the right to appeal. These cases can carry significant consequences because dismissal can result in the loss of permanent resident status. An immigration lawyer can help you determine what evidence is relevant to the disputed decision.
What Can the IAD Consider During an Appeal?
Broadly, the IAD may allow you to file an appeal if the original decision was wrong in law or fact, where a principle of natural justice was breached, or, in qualifying cases, based on humanitarian and compassionate considerations.
To submit an appeal, you must provide compelling evidence to overturn the decision. The material required for one appeal can differ significantly from another, but relevant documentation and testimony can help establish the facts and circumstances supporting your position. Depending on the case, the types of evidence you should collect include the following:
Family relationship records: Records that provide evidence about the nature and history of a qualifying relationship.
Canadian residence records: Employment, tax, financial, and other records that can help demonstrate establishment or physical presence.
Personal hardship records: Medical records and other documentation that can address hardships connected with the decision.
Evidence of children's interests: Evidence that can explain how your child would be directly affected by the decision.
For residency obligation cases involving humanitarian and compassionate considerations, the IAD can consider factors such as establishment in Canada, reasons for remaining abroad, hardship, family effects, community support, and the best interests of directly affected children. Preparing an immigration appeal requires connecting the available evidence to the issues the IAD is authorized to decide.
How Does the IAD Appeal Process Move Forward?
To file an appeal with the IAD, you will need to file the appropriate Notice of Appeal within the applicable deadline. After the appeal process begins, your case will proceed and may involve informal resolution efforts before a hearing is scheduled. If disputes aren't resolved earlier, you will be required to attend the IAD hearing, after which the IAD will issue a decision.
To build a strong foundation for your appeal, review the appeal record, gather supporting evidence, prepare witnesses, and identify the legal grounds for your requested outcome. A successful sponsorship appeal can send the application back for continued processing, while an allowed residency obligation appeal may allow you to retain permanent resident status. Removal order appeals can be allowed, dismissed, or, in appropriate cases, stayed subject to conditions.
Contact Our Experienced Canadian Immigration Lawyers for Assistance
An immigration appeal can affect where you live, whether your family can reunite in Canada, or whether you retain permanent resident status. It's reasonable to feel concerned when a government decision puts something this important into question. Knowing that an appeal process exists can provide a path forward, but each case needs to be evaluated according to its particular facts and available appeal rights.
At Golden & Associates, our lawyers can review your decision, explain the IAD process, identify relevant evidence, and help you prepare your position. Located in Burnaby, British Columbia, we serve clients throughout Vancouver, Surrey, and Coquitlam. If you're considering filing an IAD appeal or have received a decision affecting your immigration status, reach out to us today to discuss your legal options.