Immigration Appeal Division

Trust the Immigration Appeal Lawyer for your appeal to the Immigration Appeal Division (IAD), it must be made within 30 days after you receive notice of the decision. Appeals are initiated by filing a Notice of Appeal to the IAD. Sponsorship and removal order appeals must be filed within 15 days and residency appeals must be filed within 60 days.

The IAD will determine if your case is suitable to be determined under Alternative Dispute Resolution (ADR) or have a full hearing. ADR is an informal meeting to determine if a settlement can be reached or if the case needs to go to a full hearing. If a hearing is deemed necessary a Board Member will hearing evidence and decide if the appeal should be granted. If the Board Member dismisses the appeal the decision can be review by the Federal Court through Judicial Review.
There are three types of appeal that the Immigration Appeal Lawyer can make before the Immigration Appeal Division:
Family Sponsorship Appeals are appeals made by Canadian citizens or permanent residents on behalf of a foreign spouse, partner, child or parents who are being sponsored by them and whose overseas sponsorship case has been refused by IRCC. If the sponsorship refusal was made within Canada the appropriate remedy is Judicial Review at the Federal Court. Most refusals are a result of an Officer not believing that the relationship is bona fide. When the case is heard before the IAD evidence can be submitted to support the authenticity of the relationship, including calling witnesses to testify.
Residency Appeals are appeals made by permanent residents who have lost their permanent resident status as they have not met IRCC residency requirements. Canada requires that all permanent residence remain at least 735 days in Canada within the last five years. If the Canadian government believes that you have not met this requirement they can take away your permanent resident status. When the case is heard before the IAD you will have the opportunity to argue that you either have the necessary required number of days in Canada or that you should be allowed to retain your permanent resident status based on humanitarian and compassionate grounds. There are many factors that the IAD will consider when examining if there are sufficient humanitarian and compassionate grounds.
Removal Order Appeals are made by permanent residents who have been found to be inadmissible due to either misrepresentation or criminality. Misrepresentation can be direct misrepresentation with intent to deceive IRCC or indirect misrepresentation with no intent to deceive IRCC. For someone to be deemed inadmissible due to criminality, the criminality must be serious. At the IAD hearing you will be given the opportunity to provide evidence and give testimony to show that you should not have been found to be inadmissible. Moreover, you will be given the opportunity to show that there are humanitarian and compassionate grounds to either set aside or Stay the removal order and to remain in Canada.