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
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.