Immigration Refusals

Immigration Appeals

Sometimes a refusal of your application is not always the end of the line. An immigration appeal is a procedure that allows a client to disagree with the immigration officer’s decision. After receiving a refusal letter from the IRCC, you have only 30 days to file an appeal to the Immigration Appeal Division.

Types of applications that can be appealed are the following:

  • Visitor visa refusals
  • Student visa refusals
  • Work permit refusals
  • Inadmissibility decisions, including criminal and medical inadmissibility
  • Humanitarian and compassionate refusals
  • Refugee refusals
  • Sponsorship refusals
  • Removal orders

These decisions can be appealed (called “judicial review”) to the Federal Court of Canada from either outside or inside Canada.

Before filing an appeal, it is important to understand the reasons for the refusal and take steps to address the concerns of the decision maker. 

Sponsorship appeals, residency appeals, and removal order appeals are started by filing a Notice of Appeal with the Immigration Appeal Division within 30 days of receiving the decision. 

Appeals may not be considered if the refusal is based on:

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  • a criminal offence that includes imprisonment of more than six months
  • involvement in organized crime
  • violation of human or international rights
  • misrepresentation

The IAD will review the record and determine if the case is appropriate for early settlement through the Alternative Dispute Resolution (“ADR”) process. Counsel can also initiate this request on their own setting out the reasons why the appeal should be filtered into ADR. If the ADR is not available, then the appellant must wait for a hearing date before the IAD which can take upwards of 12 months depending on the volume of cases and Members available to hear appeals.

Refugee Appeal Process in Canada

A rejected refugee claim may be appealed to the Refugee Appeal Division (“RAD”) of the Immigration and Refugee Board within 15 days from the date they receive the decision.  They must file a Notice of Appeal with the RAD. A claimant is deemed to have received the decision and reasons by the RPD within 7 days after the date listed on the notice of decision. The RAD has the power to grant refugee protection on appeal or to order a new refugee hearing if an error was made in the first decision. If the RAD denies your appeal, this decision can be challenged on judicial review to the Federal Court of Canada. 

While a refugee claimant is waiting for a decision from the RAD or the Federal Court, they are entitled to apply or extend their work permit and to have coverage under the Interim Federal Health Program. Refused refugee claimants are entitled to a “stay of removal” while waiting for their appeal, which means they cannot be deported from Canada while waiting for a decision.
Filing an Appeal to any decision requires attention to detail and review of case law in support of the appeal.  At Affordable Immigration and Paralegal support, we take the time to review your matter and help you put your best case forward.

Client Testimonials

My wife and I are quite pleased with our choice of AIPS as an immigration representative. As my friend had testified to me, Charlene offers lawyer services at a great price and is always ready to answer questions about filling out and submitting forms quickly and effectively. She was quick and to-the-point and not afraid to say when certain information might not be up to the standards she knows the IRCC wants. She brought my wife through her permanent residence process quickly and outlined all tasks and forms that we needed to complete in a very understandable fashion. On top of this, we found that she really cares for each case she works on and remembers each one of her clients by name! I would highly suggest her to anyone in Hamilton or the surrounding region.

– Daniel

Charlene is one of the best immigration lawyer in terms of any kind of visa, I would suggest AIPS at any time. She’s is the one who handle my critical case and no one can do it. She took the case and gave me a great results on my husband’s work permit. With same trust I did my PR application and today my self and my husband are permanent residence. I will give more than 5 star ratings

If you think about the quality and cost , AIPS is the best place to do it. No matter what questions you ask her, she will reply ASAP. Meantime, she will go through all section with you and give a clear explanation.

I’m glad I chose Charlene for my journey in Canada.

– Suro

James' permanent residency has just been approved and honestly we would not have been able to do it without Charlene and her team. Especially during all the covid stress we didn't have to worry about anything, Charlene would message us and let us know when it was time to do the next step of our process! 100% would recommend.

Charlene and her team helped us apply for my fiance's work permit and sponsorship. Charlene was very helpful throughout the whole process, very fast response times and very informative when we had questions. The sponsorship process required a lot of information and I truly don't think we would have been able to do it without her help, her straight forward and easy to follow guidelines made the process extremely simple and we managed to get everything submitted in a timely manner. We are waiting for the response from the government but I am confident knowing Charlene did everything she could to ensure our application was properly filed. We would like to thank you for everything Charlene, it was a pleasure working with you.

– Brandi

Charlene and team are professional, communicative and quick to respond to all inquiries. Was a pleasure working with Charlene! We turned to professional help and she made the Perm Residence Process a breeze, assembled everything and sent off a professional package that we felt confident in and in turn, it took a huge load off of our mind. She is competent, thorough, and answers all questions. Would highly recommend!!

– Emily

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Hamilton Office

799 Cannon Street East
Hamilton, Ontario, L8L 2H3
P: (289) 389-0922
Fax: (289) 805-5500

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Tuesday: 9:30AM – 4:30PM
Wednesday: 9:30AM – 4:30PM
Thursday: 9:30AM – 4:30PM
Friday: 9:30AM – 4:30PM

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Toronto Office

55 Eglinton Ave East, Suite 601
Toronto, Ontario, M4P 1G8
P: (289) 389-0922
Fax: (289) 805-5500

Monday: 11:00AM – 7:00PM
Tuesday: 11:00AM – 7:00PM
Wednesday: 11:00AM – 7:00PM
Thursday: 11:00AM – 7:00PM
Friday: 11:00AM – 7:00PM