Permanent Resident Appeals
If your are a permanent resident of Canada (or a foreign national holding a permanent resident visa) and have been referred to the Immigration Division or have been issued a removal order, you may be able to appeal your case to the Immigration Appeal Division (“IAD”) of the Immigration and Refugee Board of Canada.
There are two levels of Tribunals, with the Immigration Division dealing with initial referrals from appeals for visa refusals based on a number of issues
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REFERRALS BY IMMIGRATION OFFICERS TO IMMIGRATION DIVISION HEARINGS
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The Immigration Division will make a finding on your case and can grant you a stay or make a further removal order from Canada. In many circumstances you may have an opportunity to appeal your case to the Immigration Appeal Division. |
IMMIGRATION APPEAL DIVISION HEARINGS
At the Immigration Appeal Division level you will have an opportunity to convince the Tribunal that factual or legal errors were made in your case. Moreover, in most appeal cases you will also have an opportunity to make “humanitarian and compassionate” submissions to the Tribunal. This last consideration is very useful in cases where the sponsorship falls clearly outside the scope of the law, but where the family would suffer unusual and disproportionate hardship from the continued separation. |
Should you have further questions we invite you to contact our office and schedule a consultation with a lawyer. We can assist you to understand the merit of your case and help you to decide whether pursuing an appeal is the right course of action for your case.
