The Immigration Appeal Division (IAD) hears four types of appeal
Sponsorship appeals
Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division
Residency obligation appeal
Minister's appeal of an ID decision
An appeal is allowed…
If the decision being appealed was wrong in law or fact, if there was a breach of a principle of natural justice (for example, a breach to the right to be heard or to be heard by an impartial person) or in some cases, on the basis of humanitarian and compassionate considerations.
Sponsorship appeals
Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused by IRCC can appeal to the Immigration Appeal Division of the Immigration and Refugee Board of Canada. Sponsorship appeals are not possible for persons who have been found inadmissible to Canada based on serious criminality punished by a sentence of 6 months or more of imprisonment, organized criminality, security grounds, violations of human or international rights or misrepresentation (unless the sponsored family member is the sponsor's spouse, common-law partner or child). If the Appeal is allowed, IRCC will resume processing the sponsorship application or it may ask the Federal Court of Canada permission to apply for judicial review of the IAD decision. It is possible for IRCC to refuse the application on other grounds. If the Appeal is dismissed, the sponsor may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.
Removal order appeals
Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada can appeal but none of these persons can appeal their removal order if they have been found inadmissible to Canada because of serious criminality punished by a sentence of 6 months or more of imprisonment, organized criminality, security grounds or violations of human or international rights. The claimants whose refugee protection claim has been rejected, and foreign nationals without a permanent resident visa cannot appeal the removal order. If the Appeal is allowed, the person will be permitted to remain in Canada. If IAD stays the Appeal, the person concerned can stay in Canada under certain conditions imposed by the IAD. If IAD rejects the Appeal, the Canada Border Services Agency may remove the person from Canada. The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision. Residency obligation appeal
Permanent residents determined by an immigration officer abroad not to have fulfilled their residency obligation may Appeal the immigration officer's decision. If IAD allows the Appeal, the person will not lose permanent resident status. If IAD dismiss the Appeal, the person will lose permanent resident status. If the person is in Canada, the IAD will issue a removal order. The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.
Refugee claims from within Canada
If you are within Canada and feel that you will be persecuted or at risk if you return to your home country, you may be able to seek protection in Canada as a refugee.
On December 15, 2012, Canada’s asylum system changed. Under the new system, asylum claims will be heard faster. This means that those who need Canada’s protection will get it faster, while those who don’t, will be sent home faster. Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include the following:
torture
a risk to their life
a risk of cruel and unusual treatment or punishment.
If you feel you could face one of these risks if you go back to your home country or the country where you normally live, you may be able to seek protection in Canada as a refugee.
Appeals to Refugee Appeal Division
If your refugee claim is refused, you have 15 days from the date you received the refusal to appeal to Refugee Appeal Division (RAD) which considers appeals of decisions made by the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. The RAD hears 2 kinds of appeals:
Appeals from refugee claimants – Your refugee claim was denied by the RPD, and you want to appeal. The Minister may decide to intervene in your case and oppose your appeal.
Minister's appeals – Your refugee claim was approved by the RPD, and the Minister's appealing that decision. You have the right to respond and file documents.
You can't appeal the RPD decision to reject your refugee protection claim if:
you're a designated foreign national
your refugee protection claim was withdrawn or abandoned
the RPD decision says that your claim has no credible basis or is manifestly unfounded
you made your claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement
the Minister made an application to end your refugee protection, and the RPD decision allowed or rejected that application
the Minister made an application to cancel the decision to allow your refugee protection claim, and the RPD decision allowed or rejected that application
your claim for refugee protection was deemed to be rejected under Article 1F(b) of the Refugee Convention because of an order of surrender under the Extradition Act
The RAD may allow your appeal, reject your appeal or order a new hearing at RPD. The RAD decisions are subject to be reviewed by Federal Court of Canada upon the claimant's or Minister's application.
The law firm of Ranbir S. Thind has extensive experience representing refugee claimants and immigration appeal clients. We invite you to contact us to discuss the circumstances of your case by contacting us at phone 1.780.432.7000 or email: [email protected]