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If your application for a permanent residency visa in Canada is rejected, you can apply for an immigration appeal to the Appeal Division of the Immigration and Refugee Board, IRD. It means that immigration refusal is not an end, but you can appeal to the immigration officer to review your application or apply for special relief under immigration laws.
Who can apply for Immigration Appeal?
The Canadian Immigration regime allows some cases of compensation to appeal for your case again. Following are the instances in which permanent residents of Canada are only allowed to file an immigration appeal to IAD;
- If some deportation order is issued against the permanent Canadian resident
- If sponsoring a relative or family member is refused
Different cases of Appeals
The process of appeals to IAD is different for different cases depending on the type of decision being appealed;
Sponsorship Appeals should be made within 30 days of refusal. It is made if a permanent resident of Canada or Canadian citizen sponsors support a foreign national’s application for a permanent visa. The IAD responds to resolve the matter within 120 days. Suppose the issue can be resolved without a hearing. In that case, IAD suggests proceeding with the appeal to Alternative Dispute Resolution, ADR, where the appellant appears for an informal meeting with the Minister’s Council and Member of the Immigration Appeal Division. If the decision is made at ADR, there will be no further hearing; if the matter is not resolved, IAD schedules a hearing to decide whether to allow or dismiss the appeal. If the appeal is allowed, the application is further resumed and processed by Immigration, Refugees, and Citizenship Canada.
There are some cases when these appeals are always refused if submitted by sponsors of application for permanent residence are inadmissible to Canada on the grounds of security, human, or international rights violations, misrepresentations, or found in criminal activity.
Removal Order Appeals
Permanent residents of Canada or permanent visa holders can receive a removal order from the law. They have the right to appeal to the Immigration Appeal Division 30 days after receiving the removal order. The minister or Immigration Division provides records within 45 days of the appeal. The same process will be followed; the case is processed to ADR for further resolving the dispute. If a decision is made at ADR to allow the appeal, no further hearing is required, and the person is allowed to keep living in Canada. If the decision stays, removal will be on hold, and the person is allowed to remain in Canada under specific conditions or a specific time. IAD reconsiders the appeal after that particular period, and if it dismisses the appeal, the person is asked to leave Canada immediately.
Residency Obligation Appeal
Generally, permanent residents should maintain five years of physical stay in Canada. If the requirements are not met, renewal of citizenship is withheld or refused. It is also possible that a departure order is issued. If a person is in Canada, he may file an appeal within 30 days from the day of the departure order. But the permanent resident has 60 days to file an appeal if an overseas Canadian visa office decides to issue a travel document. Minister should show the record within 120 days of the date requested. IAD members suggest that alternative dispute resolution can deal with the appeal. Again, a hearing will not be required if alternative dispute resolution is successful. If not successful, then a hearing will be scheduled. If a residency obligation appeal is allowed to the person, but he is not available in Canada, he will be issued a travel visa. If the appeal is refused, a departure letter changing to a deportation order within 30 days is issued to the appellant, revoking his stay in Canada.
Immigration Appeal Hearing
The IAD hears the cases like a regular court if a permanent resident of Canada or your immigration officer has not complied with a permanent residence obligation. A board member is appointed as a representative to defend your case.
XL Immigration Services
We have extensive experience representing clients for the appeals to the Immigration Appeal Division. We assist at all stages, including preparing the notice of appeal, gathering and filing required evidence, preparing submissions, preparing for witness testimony, and providing representation at the hearing itself. Our firm prides itself on our success on appeals due to our thorough preparation of appeal files and our in-depth knowledge of the legislation and case law. Contact Xl Immigration if you require any assistance at the Immigration Appeal Division.