Canada Immigration International

Hearings & Appeals

Appeals

In certain types of immigration cases a negative decision can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, which is a Canadian administrative tribunal. Usually an appeal must be made within 30 days of the negative decision so in these situations it is important to act quickly in order to preserve your appeal rights.

The types of cases which can be appealed to the IAD include:

Sponsorship Appeals

If you are a Canadian citizen or a permanent resident, and your application to sponsor the immigration of a close family member to Canada has been refused, you may appeal to the Immigration Appeal Division (IAD).

Removal order appeals

If you are a permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa and you have been ordered removed from Canada, you may appeal to the Immigration Appeal Division (IAD).

Residency obligation appeals

Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If you are outside Canada and a Citizenship and Immigration Canada (CIC) visa office (also outside Canada) finds that you have not met this residency obligation, you may lose your permanent resident status. You may appeal the CIC decision to the Immigration Appeal Division (IAD).

Hearings

Refugee Hearing

The process of claiming refugee status in Canada begins by making a refugee claim either upon entry into Canada or at a later date after already entering Canada. Claimants will be provided with an opportunity to attend a hearing at the Refugee Protection Division of the Immigration and Refugee Board where they will personally present their case to a Board Member who will decide whether or not to grant them refugee protection.

A refugee claimant who is found to be in need of refugee protection in Canada may apply for permanent residence so they can remain in Canada permanently. If a refugee claim is refused an appeal may be made to the Federal Court.

Admissibility hearings

If you are a foreign national or permanent residents who is believed by the immigration authorities to be inadmissible may be required to attend an admissibility hearing before the Immigration Division of the Immigration and Refugee Board. The purpose of such a hearing will be to determine if you are in fact inadmissible to Canada and should be removed from Canada.

Detention Review Hearings

Foreign nationals or permanent residents who have been detained by the Canadian Border Services Agency (CBSA) for immigration reasons appear before the ID for detention reviews. CBSA may detain, or hold, you (the foreign national or permanent resident) if it has reasonable grounds to believe that you:

are unlikely to appear for an examination, hearing or removal
are a danger to the public
are inadmissible - that is, not allowed to enter or remain in Canada - for security reasons, or for violating human or international rights, or
have not established your identity to the CBSA's satisfaction (this only applies to foreign nationals)

If you are detained you may present evidence to show why you should be released, and present offers to post bail in order to secure your release.

The Board Member must review all the evidence and make a determination as to whether or not you should be released from detention.

Interviews with Immigration Officers

In some cases persons who have made an application or who are otherwise of interest to the immigration authorities will be called in to an interview before an immigration officer. The purpose of such an interview is generally to gather information and/or to give the person concerned a chance to respond to any concerns the immigration authorities may have prior to making a decision in their case. As these interviews are often critical to the success of an application, it is advisable to be well prepared and to bring a lawyer to represent you at the interview.