There are a limited number of grounds on which an individual can file an immigration appeal after a negative decision from the Immigration and Refugee Board (IRB) in Canada.
If you have been denied status in Canada, it’s important to understand your options and how to pursue an appeal.
This blog will explore when you should consider appealing a decision from the IRB. Specifically, we will look at the three main types of appeals:
- Denied Status
- Leave to remain
- Removal orders
Denied Status
If you have been denied status in Canada and want to appeal the decision, you must first file a notice of appeal with the Immigration Appeal Division (IAD) within 30 days of receiving the negative decision from the IRB.
The appeal must be based on the argument that IRB made an error in law or procedure when making its decision, that there was new evidence that was not available at the time of the original hearing, or that the IRB’s decision is patently unreasonable.
To be eligible to appeal to the IAD, you must have either:
- been denied refugee status by the IRB,
- been found inadmissible to Canada
- been ordered removed from Canada on grounds of misrepresentation,
- had your permanent residence application denied due to inadmissibility, or
- had your permanent resident card or status revoked
Leave To Remain
An individual may also be able to file an appeal if they have been ordered to leave Canada on what is known as a “removal order.”
A removal order is issued when the IRB has determined that an individual is inadmissible to Canada. Inadmissibility can be based on a number of factors, including criminal activity, security concerns, or misrepresentation.
To be eligible for a leave to remain appeal, an individual must demonstrate that they meet one of the following criteria:
- They have been ordered to leave Canada based on incorrect information
- Their removal would cause them undue hardship
- Their removal is not in the best interests of a child
Removal Orders
Removal order appeals can be filed with the Federal Court of Appeal. This type of appeal is reserved for individuals who have already been through the leave to remain process and have been unsuccessful. To be eligible for a removal order appeal, an individual must demonstrate that the decision of the Federal Court was incorrect.
Appealing a decision from the IRB can be a complex process. If you have been denied status in Canada or ordered to leave, it is important to seek legal assistance to ensure that you are taking the appropriate steps to protect your rights. An immigration lawyer can help you understand your options and ensure that you are taking the necessary steps to pursue an appeal.
Hiring a lawyer to file an immigration appeal can be daunting. Many lawyers claim to be experts in immigration law, but how can you be sure that you are hiring the right one?
Nanda & Associate Lawyers is a well-respected law firm specializing in immigration law. Our immigration consultants have successfully represented many clients in immigration appeals. When you hire us, you can be confident that you are getting the best representation.
Get in touch with us today for more details.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice
