March 15, 2013

Have You Received an Unfair Decision? Your Right to Appeal

Immigration appeals concern matters where an individual has been refused or has been given a removal order based on a submitted application. If you have an appeal right you will be advised with your decision for refusal.

Any immigration appeal matters, such as appeals for refusals or removal orders, are heard and decided at the Immigration Appeal Division. There are three categories for appeal that have access to the IAD:

Residency appeals

• Where a person is found not to have met their residency obligations

Sponsorship appeals

• Where an overseas application for sponsorship has been refused; inland has no right for appeal

Removal order appeals

• Where a permanent resident has been found to be inadmissible and therefore are subject to removal from Canada

An appellant should expect to have a hearing in about 18 months, however  the trend has been that people are receiving hearings much faster than they have in previous years.

Procedural wise – what to expect 

• If you find yourself at a hearing, have your documentation be significant; call witnesses to provide evidence on your behalf
• Documentary evidence can play a significant role, therefore this is an important process when collecting information
• You can expect to be examined and to give evidence orally

You may be issued a decision orally at your hearing or it could take up to two months to hear a decision.

It is always best to seek the advice of counsel in order to strive to meet a positive outcome to an appeal. If you are not certain about your appeal right and your options please contact us today.

For more information on immigration appeals, click here.