If your visa or immigration application has been refused, you may be able
to appeal the decision. The appeals process provides an opportunity for you to
challenge the decision made by the immigration authorities. Not all decisions can be
appealed, and not everyone is eligible to appeal. This section will explain who can
appeal and what types of decisions can be appealed.
In order to be eligible to appeal, you must have received a decision that can
be appealed, such as a refusal of a visa or immigration application. You must also meet certain deadlines for filing your appeal and provide all necessary documentation. It is important to note that not everyone is eligible to appeal, and the eligibility criteria may vary depending on the type of decision being appealed.
The appeals process typically involves several stages, including an initial
review, a hearing, and a decision. You will need to file your appeal within a certain
timeframe and provide any additional evidence or documentation to support your case.
After your appeal is filed, you may be invited to attend a hearing where you will have the opportunity to present your case. Following the hearing, a decision will be made, and you will be notified of the outcome.
There are fees associated with filing an appeal, which may vary depending on the
type of decision being appealed. However, there may be waivers or exemptions
available for certain individuals, such as those who are unable to pay the fees due to
financial hardship. It is important to review the fee schedule and any waivers or
exemptions before filing your appeal
The IAD hears cases on the following issues:
In order for the Immigration Appeal Division (IAD) to review your decision, you must obtain leave after they have reviewed your documents. During this stage of the process, you must demonstrate to the IAD that an error was made or that the decision was in some way unfair or unreasonable. Once leave has been established, you and your immigration consultant can attend a hearing before the IAD to further explain your reasons for appealing.
The Immigration Appeal Division may accept appeals of Removal Orders from Permanent Residents.
Whether you have an appeal right as a permanent resident will depend on the circumstances surrounding the issuance of the Removal Order. There will be no right to appeal if it has been established that you are inadmissible due to organised crime, crimes against humanity, espionage, or other more serious security issues.
Additionally, you will lose your right to appeal if you are judged to be inadmissible for serious crimes and receive a sentence of imprisonment in Canada of at least six months. You may still appeal the ruling to the Federal Court of Canada in following instances.
The Immigration Appeal Division (IAD) will not hear appeals from foreign nationals against their removal orders. But the choice to issue a Removal Order may still be contested in Canada’s Federal Court.
A departure order requires that you leave Canada within 30 days, confirming your departure with the CBSA on exit from the country. If you do not leave Canada within the 30 days, in nearly all cases the departure order will become a deportation order.
An exclusion order requires that you leave Canada, confirming your departure with the CBSA on exit from the country. Depending upon the reasons for which the exclusion order was issued, you will be barred from making an application to return to Canada for one to five years.
A deportation order requires that you leave Canada, confirming your departure with the CBSA, failing which the CBSA will arrange for your removal from Canada. If you leave Canada under a deportation order, you will require an ARC (Authorization to return) should you ever want to return to Canada.