What are Immigration Appeals and How do They Work?

Employment and Labour

Immigration appeals are made by individuals who have been denied by the Immigration and Refugee Board of Canada. There are a number of reasons that an appeal may be allowed. If there was an error in law, or fact, in the decision or if the decision made was unfair or unreasonable, a lawyer can work to ensure that your appeal is properly heard.

The application process is done in two steps. First, you will file an Application to the Federal Court providing notice of your intention to appeal. The next step is to file a Memorandum of Fact and Law outlining the reasons for your appeal. The Court will review your submissions and all of the documentation related to your case. If the Court decides there is an issue warranting a hearing, then “leave” may be granted. If this happens, then your case will move to the final step in which you will attend an oral hearing with your lawyer to argue why you think the original decision should be overturned.

If a decision relating to your immigration made by the Immigration and Refugee Board is under appeal, then your removal order is automatically on hold, and you may stay in Canada until a conclusion to your appeal is reached.

Under Canadian immigration law, only a lawyer can make an application to the Federal Court of Canada on your behalf.

What types of immigration appeals are typically heard?

There are four types of appeals that the Immigration Appeal Division hears:

  1. Family class sponsorship appeals (for example, if you have married a Canadian citizen and are attempting to stay in Canada).
  2. Removal orders made against permanent residents (or persons holding permanent resident visas) and convention refugees and other protected persons can be appealed.
  3. Appeals by permanent residents who are found outside of Canada who have failed to meet the requirement of being physically present in Canada for 730 days out of every five years.
  4. The Minister of Public Safety may appeal decisions that were made in favour of hopeful immigrants at admissibility hearings.

If you have any concerns about an immigration appeal, contact a lawyer for counsel. Legal guidance can be provided in English, Punjabi, Hindi and Urdu.

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Lindsay Kenney LLP – Langley Law Office