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Immigration Appeal

Immigration Appeal

An immigration appeal is a legal process that allows individuals to challenge specific negative immigration decisions. The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) hears appeals related to:

  •  Spousal sponsorship and family class sponsorship refusals.
  •  Residency obligation determinations for permanent residents.
  •  Removal orders issued against permanent residents and protected persons.

The IAD conducts a de novo hearing, meaning it considers new evidence and reassesses the entire case rather than simply reviewing the original decision. This provides appellants an opportunity to present updated documentation, testimonies, and legal arguments to strengthen their case. If the IAD allows the appeal, the matter is generally returned to the immigration authorities for reconsideration based on the appeal's outcome At Kahlon Law Office, we provide expert legal representation for individuals seeking to challenge negative immigration decisions through the IAD. If you or a loved one has received an unfavourable immigration decision, our team can guide you through the appeal process, ensuring your rights are protected and your case is presented effectively.

How does the immigration appeal process work?

  • Filing a Notice of Appeal – The appeal must be filed within a specific timeframe after receiving a refusal or removal order.
  • Preparation of an Appeal Record – The government compiles documents related to the case.
  • Pre-Hearing Conferences or Alternative Dispute Resolution (ADR) – In some cases, disputes may be resolved without a full hearing.
  • Full Hearing – The appeal is heard by an independent Board Member who reviews evidence, hears testimonies, and makes a final decision.
  • Outcome – If the appeal is allowed, the case is sent back for reconsideration. If dismissed, Judicial Review may be an option.

How is an immigration appeal different from a judicial review?

While both Immigration Appeals and Judicial Reviews serve as legal remedies for challenging negative immigration decisions, they differ significantly in process and scope.

An Immigration Appeal at the IAD allows for a full reconsideration of the case, including new evidence and testimonies. The decision-maker is a Board Member at the Immigration Appeal Division of the IRB. If successful, the case is sent back for reconsideration with new findings.

A Judicial Review at the Federal Court is limited in scope and only reviews procedural fairness and reasonableness of the decision. A Federal Court Judge determines if the original decision was legally sound. No new evidence can be introduced, and the court does not reconsider the case on its merits. If the judge finds the decision unreasonable, it is sent back for re-determination.

When is an immigration appeal or judicial review the only option?

In some cases, an Immigration Appeal is available, while in others, Judicial Review is the only recourse.

  •  Cases Eligible for IAD Appeal:
    • A Canadian sponsor's spousal or family class sponsorship application is refused.
    • A permanent resident is found inadmissible due to a residency obligation breach.
    • A permanent resident or protected person receives a removal order.
  •  Cases Where Only Judicial Review is Possible:
    • A work permit, study permit, or visitor visa application is refused.
    • A skilled worker or business immigration application is denied.
    • A humanitarian and compassionate (H&C) application is refused.
    • A refugee claim is rejected by the Refugee Protection Division, and there is no right to appeal to the Refugee Appeal Division.

If an Immigration Appeal is not available, a Judicial Review at the Federal Court may be the only option. Judicial Review does not reassess the merits of the case but ensures that the decision-making process was fair and lawful.

For more details on Judicial Review, please refer to our Judicial Review service description on our website.

How can Kahlon Law Office help in immigration appeal matter?

At Kahlon Law Office, we have extensive experience handling both Immigration Appeals and Judicial Reviews. Whether you need to appeal a refusal or challenge procedural unfairness, our team is ready to help you navigate the legal process effectively.

CONTACT US TODAY +1 (647) 450-0000

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Phone: +1 (647) 450-0000

Email: immlaw@akahlon.ca

Address: 200-1B Conestoga Drive, Brampton, Ontario L6Z 4N5, Canada.

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