IRB Appeals & Federal Court

The lawyers we work with have considerable experience in appeals before the IAD.

If an immigration application is unsuccessful, there may be the option to have a decision reversed by the Immigration and Refugee Board (IRB) (specifically the Immigration Appeal Division). If there is no appeal, the next option may be to have the refusal judicially reviewed to the Federal Court. Both of these options are very complicated. However, Canadian courts and tribunals are fair.

The Immigration Appeals Division (IAD) generally hears four types of appeals:

- rejected sponsorship applications
- appeals of removal orders
- residency obligation appeals
- Minister's appeals

If an applicant has been refused for any immigration or temporary application, a qualified lawyer will review the case to determine if there is a right of appeal, if there is a right to a judicial review, and whether the chances of success are high or low.

The appeals process is only open to certain types of refused applications. There are strict time limitations to file an appeal. It is very important for failed applicants to determine (a) if there is a right of appeal, (b) the time limitations for filing an appeal, and (c) the chances that an appeal will be successful.

Hearings are usually open to the public. An appeal before the IAD offers a real chance to enter or remain in Canada.

Great care should be taken in the preparation of the appeal. The opportunity to uncover mistakes that were made in the original negative decision should be taken advantage of. Where possible, new and supportive evidence should be gathered and introduced at the appeal.

Presentation before the IAD must be handled with considerable skill. Points in favor of the applicant's case must be presented in a logical sequence and a persuasive manner.

There is generally a good chance of success at the appeal stage if the appeal is properly prepared and properly presented. However, the loss of an appeal can have serious consequences for entering or remaining in Canada.

Learn more about IRB appeals and Federal Court hearings:

Appeals before the IAD have the following characteristics:

- individuals making an appeal before the IAD have a right to be represented by counsel
- the appellant is given an opportunity to present their case fully
- the case is usually made in the form of an oral hearing
- while a case is most often made by personal appearance, other forms of presentation such as by telephone or videoconference are allowed
- all testimony is given under oath or by affirmation.

Federal Court of Canada immigration appeals:

- immigration decisions can be challenged through judicial review
- the courts will examine if decisions were lawfully made
- issues of jurisdiction will be examined
- basic fairness in light of the evidence presented will be assessed

You can learn even more by contacting us by e-mail at info@newimmigrationcanada.com