IMMIGRATION APPEAL DIVISION
We represent clients with appeals to the Immigration Appeal Division. The Immigration Appeal Division hears general appeals on issues such as failed sponsorship applications, removal orders and residency obligations. The process for appeals to the Immigration Appeal Division differ depending on the type of decision being appealed.
- Refusal of a sponsorship application for members of the family class;
Failed sponsorship applications may be made by the permanent resident or Canadian citizen who supplied the application to sponsor in support of the foreign national’s application for permanent residence. These appeals must be filed within 30 days of receipt of the refusal letter.
- Removal orders made against permanent residents at an examination or admissibility hearing;
Persons who have received a removal order and who are permanent residents or permanent resident visa holders may appeal their removal (Deportation order) to the Immigration Appeal Division. Convention Refugees or Protected Persons may also seek a removal order appeal. Appeals must be filed 30 days after receipt of the removal order. The Minister or the Immigration Division must then provide the record within 45 days of a request for same from the Immigration Appeal Division.
- Appeals of overseas decisions on loss of permanent resident status
To maintain status, permanent residents are required to be physically present in Canada for at least 730 days over a 5-year period. Where a finding is made that the individual has not met these requirements, renewal of permanent residence may be refused and/or a departure order may be issued. If the decision is issued in Canada, then the permanent resident will have 30 days to file the appeal from the date of the departure order. If the decision is made by an overseas Canadian visa office (i.e. to issue a travel document), then the permanent resident has 60 days from the date of the decision to file the appeal.
If you have received refusal letter for your sponsorship spouse application or a deportation order has been issued to you, we can represent you in the court to defend your case.