Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
Individuals who have been refused entry into Canada by the Immigration and Refugee Board of Canada have the opportunity to file an appeal at the board. Immigrant-related appeals are handled by the Immigration Appeal Division (IAD). Approval of an appeal is possible for a variety of reasons. There may have been a legal error or factual inaccuracy, and a lawyer can fight to ensure that your appeal gets the attention it deserves.
Stages of An Immigration Appeal Process
There are two stages to the application process.
An Application to the Federal Court is the first step in the process of appealing.
The next step is to submit a Memorandum of Fact and Law detailing your grounds for appeal. The Court will examine your arguments and all supporting documentation. “Leave” may be granted if the Court determines that a hearing on the matter is necessary. If this happens, your case will go to the final stage, when you and your lawyer explain why the original judgment should be overturned in front of a judge or magistrate.
As long as your appeal against an Immigration and Refugee Board judgment continues, your removal order will be put on hold, and you are free to remain in Canada.
Only a lawyer can apply on your behalf to the Federal Court of Canada under Canadian immigration law.
Types of Immigration Appeals
The Immigration Appeal Division handles four sorts of appeals:
- Appealing to families, the Family Class Sponsorship Program encourages them to participate (for example, if you have married a Canadian citizen and are attempting to stay in Canada).
- An appeal is possible in the case of removal orders against permanent residents, convention refugees, and other protected individuals.
- Applications from permanent residents who have been located outside of Canada and have not met the condition of being physically present in the country for a number of 730 days every five years.
- Admitted immigrants may also appeal decisions made in their favour at admissibility hearings to the Minister of Public Safety.
Take Help from a Canadian Visa Expert
At Nanda and Associate Lawyers, we offer the services of the top Canadian immigration consultants to make the visa application procedure easy for everyone. If your visa application has been rejected, you are considering filing for an appeal, or you want to apply for PR in Canada, our immigration lawyers can help you out.
For any legal immigration issue, book a free consultation right away!
