The Immigration Appeals Division (IAD) is 1 of the 4 divisions of the Immigration and Refugee Board (IRB) that apprehends and decides on different immigration appeals. The process involved for the IAD appeals depends on the type of case being appealed.
What are the Different Types of Appeals Available to You?
Sponsorship Appeals: This kind of appeal is usually made by permanent residents or Canadian citizens who have applied to sponsor a family member who is a noncitizen (a foreign national or a foreign national with permanent residence) for permanent residency.
The grounds for rejection of a sponsorship application for a family member are the following:
- Misrepresentation, for example, you are discovered providing false or misleading information
- Serious Criminality and Criminality, for example, you have committed a crime that is punishable with an imprisonment term of more than 6 months up to 10 years
- Organized Criminality, for example, you are guilty of crimes such as smuggling, prostitution, etc
- Security Grounds, for example, you are found guilty of espionage, subversion (attempts to overthrow a government, etc.), violence or terrorism
- Human or International Rights Violations, for example, you are convicted of Crimes Against Humanity or War Crimes
Removal Order Appeals: As a permanent resident, a refugee or a noncitizen with a permanent residence visa, you have the right to appeal against a removal order to the Immigration Appeal Division (IAD).
This kind of appeal must be filed within 30 days after the issuance of the removal order. You can be denied an appeal on the following grounds:
- Serious Criminality and Criminality
- Organized Criminality
- Security Grounds Human or International Rights Violations
If your appeal is approved, then the removal order will be cancelled and you will be allowed to stay in Canada.
If the appeal is denied, then the removal order is put temporarily on hold and you are allowed to stay in Canada only if you agree to follow certain conditions for a period of time.
Residency Obligation Appeals: As a permanent resident, you are legally obligated to stay in Canada for a minimum period of 730 days out of every 5 years. If you fail to do so, you may lose your permanent residency status.
To recover your status, you will have to appeal the Immigration, Refugees and Citizenship Canada (IRCC) decision.
If the decision is issued by an IRCC officer, you have 30 days to file an appeal from the date of your departure order.
If the decision is issued by an overseas Canadian Visa office, then you have 60 days from the date of the decision to file an appeal.
The appeal could be resolved in 2 possible ways:
- Your appeal is accepted and you are allowed to retain your permanent resident status. If you are overseas, then a travel document will be issued to you.
- Your appeal is denied and your permanent resident status is revoked. In this case, you will be issued a departure order that will convert into a deportation order if you fail to leave within 30 days.
Why is it Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
You can judge for yourself the reputation of our immigration law firm.
Just Google, “My Visa Source Toronto” or “My Visa Source Vancouver” and read some of our combined 800+ reviews.
Contact us and let our immigration litigation lawyers quickly find out about every detail and sequence involving your situation, so that we can move forward on your behalf.
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