Appeal an Immigration Refusal

Immigration Appeal Division (IAD)

The IAD hears cases on the following issues:

• Sponsorship Appeals (Outland Spousal Appeal, Parental Sponsorship Appeal)
• Residency Appeals (Permanent Residents who do no meet the Residency Obligation and were found Inadmissible to Canada)

In order for the Immigration Appeal Division (IAD) to review your decision, you must obtain leave after they have reviewed your documents.  During this stage of the process, you must demonstrate to the IAD that an error was made or that the decision was in some way unfair or unreasonable.  Once leave has been established, you and your immigration lawyer can attend a hearing before the IAD to further explain your reasons for appealing.

Sponsorship Appeals

• After receiving notice that your Sponsorship application was refused, you have 30 days to file an appeal.  After this time, nothing can be done and the previous decision is upheld.
• The Appeal will be approved or dismissed:
  
  • If the appeal is approved, your case will continue at CIC for processing.  If you are subject to a secondary refusal at the IAD, you may begin the appeal process again in Federal Court.

Residency Obligation Appeals

• 60 days to appeal
• IAD member will hold a hearing
• Appeal may be:
  
  • Allowed, permanent resident status restored;
  • Dismissed, status will be revoked and, should the appellant be in Canada, a removal order will be issued.

Contact us for assistance with your IAD Appeal.