Types of Immigration Appeals

There are several common scenarios in which individuals can appeal immigration decisions in Canada:

1. Sponsorship Appeals

If your application to sponsor a family member (spouse, child, parent, or other eligible relative) was refused by Immigration, Refugees and Citizenship Canada (IRCC), you can appeal to the Immigration Appeal Division (IAD).

You must file a Notice of Appeal within 30 days of receiving the refusal.
Legal representation is highly recommended to strengthen your case with proper evidence, timelines, and procedural compliance.

2. Removal Order Appeals

If you received a removal order (deportation, exclusion, or departure order) after an admissibility hearing or an immigration officer’s decision, you may appeal to the IAD if you are a permanent resident, a protected person, or a foreign national with a valid permanent resident visa.

Grounds may include humanitarian and compassionate factors, family hardship, or rehabilitation evidence.
You must act quickly—filing deadlines are strict.

3. Residency Obligation Appeals

If you are a permanent resident and the IRCC decides you have not met your residency obligation (i.e., you did not reside in Canada for at least 730 days in the past five years), you can appeal this decision to the IAD.

Appeals can include justifications such as family emergencies, health issues, or compelling humanitarian circumstances.

Refugee Appeals (RAD)

If your claim for refugee protection was refused by the Refugee Protection Division (RPD), you may appeal the decision to the Refugee Appeal Division (RAD). The RAD reviews the RPD’s decision to determine if a legal or factual error occurred.

Steps to Appeal to the RAD:

1. File a Notice of Appeal within 15 days of receiving the decision.

2. Submit your Appellant’s Record within 30 days, including documents, legal arguments, and any new evidence.

3. RAD will either confirm, change, or send the case back to the RPD for redetermination.

The Refugee Appeal Division Rules offer detailed guidance on forms, timelines, and acceptable evidence.

Important RAD Forms Include:

• Notice of Appeal

• Appellant’s Record Checklist

• Affidavit Form (Rule 37)

• Application for Extension of Time

• Notification of Withdrawal (Rule 47)

We help you complete and submit all these forms properly, ensuring your appeal is timely, complete, and persuasive.

Key Legal Services We Offer

At International Immigration Law Firm, our immigration appeal lawyers provide:

Initial Consultation & Case Review
Notice of Appeal Preparation & Filing
Appellant’s Record Compilation & Legal Briefing
Representation at Hearings (IAD/RAD)
Judicial Review Applications (Federal Court)
Applications for Extension of Time or Leave to Appeal
Filing Humanitarian & Compassionate Applications in Parallel (where applicable)

Judicial Reviews at the Federal Court of Canada

If you are not eligible for an appeal through the IAD or RAD, you may still apply to the Federal Court for a judicial review. This applies to:

• Failed refugee claimants with no right of appeal

• Applicants denied by IRCC or visa offices

• Decisions by immigration officers or CBSA officers without a right of appeal

You must file for leave for judicial review within 15 days (if in Canada) or 60 days (if outside Canada) from the date of the decision.

Common Appeal-Related Documents and Applications

• Notice of Appeal – Sponsorship / Removal / Residency

• Confirmation of Hearing Needs (interpreters/witnesses)

• Application to Vary Conditions of Release (for detention cases)

• Appointment of Designated Representative for Minors

• Medical Certificate for Delays

• Request to Change Location of Hearing

• Withdrawal of Appeal or Claim Forms

• Use of Videoconferencing Applications

Our legal team ensures that every form is properly filled, all supporting documents are submitted, and deadlines are never missed.

We Defend Your Rights with Compassion and Experience

The appeals process can be legally complex and emotionally draining, especially for individuals unfamiliar with Canadian legal procedures. Our team at International Immigration Law Firm offers comprehensive legal support and transparent communication throughout the process, giving your appeal the best chance of success.

Contact Us Today for a free case evaluation.