Immigration Appeal Division in Canada: What You Need to Know

The Immigration Appeal Division (IAD) hears appeals on immigration matters such as refused sponsorship applications and removal orders.

Do you need help with the Immigration Appeal Division (IAD)?

Call us toll-free or take less than a minute to fill our Online Assessment for Your Visa Options.

Start Your Online Assessment

Or Call Us: 1-(888)-509-1987

Start Your Online Assessment

Or Call Us: 1-(888)-509-1987

The Immigration Appeal Division (IAD) hears appeals on immigration matters such as refused sponsorship applications and removal orders.

Do you need help with the Immigration Appeal Division (IAD)?

Call us toll-free or take less than a minute to fill our Online Assessment for Your Visa Options.

The Immigration Appeals Division (IAD) is 1 of the 4 divisions of the Immigration and Refugee Board (IRB) that apprehends and decides on different immigration appeals. The process involved for the IAD appeals depends on the type of case being appealed.

What are the Different Types of Appeals Available to You?

Sponsorship Appeals: This kind of appeal is usually made by permanent residents or Canadian citizens who have applied to sponsor a family member who is a noncitizen (a foreign national or a foreign national with permanent residence) for permanent residency.

The grounds for rejection of a sponsorship application for a family member are the following:

Misrepresentation, for example, you are discovered providing false or misleading information
Serious Criminality and Criminality, for example, you have committed a crime that is punishable with an imprisonment term of more than 6 months up to 10 years
Organized Criminality, for example, you are guilty of crimes such as smuggling, prostitution, etc
Security Grounds, for example, you are found guilty of espionage, subversion (attempts to overthrow a government, etc.), violence or terrorism
Human or International Rights Violations, for example, you are convicted of Crimes Against Humanity or War Crimes

Removal Order Appeals: As a permanent resident, a refugee or a noncitizen with a permanent residence visa, you have the right to appeal against a removal order to the Immigration Appeal Division (IAD).

This kind of appeal must be filed within 30 days after the issuance of the removal order. You can be denied an appeal on the following grounds:

Serious Criminality and Criminality
Organized Criminality
Security Grounds Human or International Rights Violations

If your appeal is approved, then the removal order will be cancelled and you will be allowed to stay in Canada.

If the appeal is denied, then the removal order is put temporarily on hold and you are allowed to stay in Canada only if you agree to follow certain conditions for a period of time.

Residency Obligation Appeals: As a permanent resident, you are legally obligated to stay in Canada for a minimum period of 730 days out of every 5 years. If you fail to do so, you may lose your permanent residency status.

To recover your status, you will have to appeal the Immigration, Refugees and Citizenship Canada (IRCC) decision.

If the decision is issued by an IRCC officer, you have 30 days to file an appeal from the date of your departure order.

If the decision is issued by an overseas Canadian Visa office, then you have 60 days from the date of the decision to file an appeal.

The appeal could be resolved in 2 possible ways:

Your appeal is accepted and you are allowed to retain your permanent resident status. If you are overseas, then a travel document will be issued to you.
Your appeal is denied and your permanent resident status is revoked. In this case, you will be issued a departure order that will convert into a deportation order if you fail to leave within 30 days.

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Why Is It Necessary to Seek Legal Representation?

Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?

Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?

Distressed over your situation? Is a family member involved?

There can be hope for almost every negative situation on an immigration-related decision.

Your current outcome is not definitive, it can be challenged.

Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.

At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).

Immigration is a complex process that requires strong legal strategy, precise paperwork, and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.

We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough, and easy to work with. Communication with our clients is one of the keys to our success.

Why Contact My Visa Source?

With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.

You can judge for yourself the reputation of our immigration law firm. Just Google, “My Visa Source” and see for yourself.

Contact us and let our immigration litigation lawyers quickly find out about every detail, and sequence involving your situation, so that we can move forward on your behalf.

Begin with our one-minute online assessment form or speak with an award-winning immigration lawyer over the phone, or in-person at our downtown Toronto and Vancouver offices.

Vancouver at 604-800-1681

Toronto at 416-900-1044

Toll-Free at: 1-888-509-1987

We’re open 6am-9pm PST & EST, 7 days a week and are ready for video and phone consultations.

My Visa Source made the process of my partner’s PR a breeze. We did run into an issue in the beginning as my partner initially started his PR progress with the intent of going through his work to get his PR. There were some difficulties that ended up leading us into doing his PR through common-law sponsorship, which ended up being a blessing in disguise as we were appointed a new Lawyer & team.

Harley Jensen was very much on top of everything from quick replies to our emails and if we ran into any difficulties she would always set up a phone call to ease us through the process. There was another lovely lawyer by the name Natasha who was also helping us through some difficulties.

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5 out of 5 » Rating by: Vinayak B.

I've had a very bad experience with an immigration lawyer at another firm in the past, and I was very scare to experience that again. I found My Visa Source online and decided to give them a try because of their great reviews, and I don't regret it for a second!. Amazing experience, they really treated me like a human being and were very upfront and organized with all information.

Angel Pavlou is really an angel, very sweet and helpful, she help us a lot on our first stage of the process with the firm. She is an amazing human being!

Because we were applying through common-in-law sponsorship, my team was Harley and Natasha, an amazing team! We worked for about 4-5 month on the file to make sure everything needed was there. And even though they usually respond within 2-3 business days, by the last portion before submission, our emails were responded by the minute, which we really appreciate as it helped to speed up the process significantly.

Even though our contract with the firm ended with the submission of our application, they left the door open for further questions we may have about what's coming next with our application, which is a big support for us, and we really appreciate (as now we have a long road ahead before a final answer from IRCC comes).

Thanks Team! :)

5 out of 5 » Rating by: Kate T.

At first I was a bit wary because we had some challenges with our spousal sponsorship case and all correspondence was done over the phone or email, but now that my husband has been approved, I can say with confidence I would hire My Visa Source again for any immigration needs. My husband was not even asked for an interview in the end. This firm works many different nationalities and passport holders and there experience is vast.

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Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today!

Immigration Appeal Division in Canada: What You Need to Know

What are the Different Types of Appeals Available to You?

Why Is It Necessary to Seek Legal Representation?

Why Contact My Visa Source?

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

Your Source For Everything Immigration

Media

SUBSCRIBE TO OUR IMMIGRATION MAGAZINE

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today! Learn More

Immigration Appeal Division in Canada: What You Need to Know

What are the Different Types of Appeals Available to You?

Why Is It Necessary to Seek Legal Representation?

Why Contact My Visa Source?

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

Your Source For Everything Immigration

Media

SUBSCRIBE TO OUR IMMIGRATION MAGAZINE

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today!