A person can appeal to IAD about immigration-related matters such as sponsorships, removal orders and residency obligations.
Who is eligible to appeal before IAD
Make an Appeal before the IRB
- Sponsorship Appeals
If an application by a Canadian citizen or a permanent resident to sponsor an eligible family member’s immigration to Canada, is refused by IRCC the sponsor may appeal to the IAD.
- Removal Order Appeals
A foreign national or a permanent resident of Canada who has been ordered removed from Canada, may also appeal to the IAD.
- Residency Obligation Appeals
Out every five years, permanent residents are required to be physically present in Canada for at least 730 days by IRPA. If a visa officer with Immigration Refugee and Citizenship Canada finds that a permanent resident is outside Canada and that PR has not met his/her residency obligation, that person may lose his status as Canadian permanent resident. The permanent resident may appeal that IRCC decision to IAD.
To be able to win your appeal, you must be able to establish that the decision made by Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) or by the Immigration Division (ID) is wrong in law or wrong in fact. In some cases, the IAD Member may be able to consider, the aspect of humanitarian and compassionate reasons, to approve your appeal even if the CBSA/ CIC or ID decision was correct in law and fact. It’s always your legal counsel’s responsibility to show that your appeal should be allowed and not dismissed. Also, you reserve the right to be independently represented by counsel of your choice in your proceeding before the RPD at your own expense. We have, on several occasions, successfully represented and won various types of immigration appeal cases. CIIS has expert counsels and staff to help you through your ordeal when you need help most, because for us it’s part of our everyday life. So, nothing couldn’t be more reassuring than our reputation to represent you when you need our expert services most.