Appeal
Grounds for appeal under the Immigration Act
Eligibility for appeal under the Immigration Act of Canada
Removal order for reasons of inadmissibility
Removal order or revocation of PR based on residency obligation
Refusal to grant family sponsorship visas
Appeal of Admissibility Decision
Decisions to refuse visa issuance
Refusal to grant sponsorship visa for a spouse or partner (bad faith relationship)
Refusal to grant visas for sponsoring parents, grandparents based on income
Removal order based on misrepresentation
Removal order based on a criminal conviction in Canada
Removal order based on residency obligation
Residency obligation decision made outside Canada
Judicial review of negative decisions
Process timeline of preparing and reviewing the application
between the employer with Employment and Social Development Canada
Appeal
Submit the Notice of Appeal and a copy of the decision to the Immigration Appeal Division of the Immigration and Refugee Board (IRB).Within 30 days of the decision
Preparation
Receive the Appeal Record, prepare documents, case laws, evidence, and witnesses, and disclose these to stakeholders.
Informal Resolution
To save time and costs, the parties may meet, discuss the case, clarify the issues, and try to agree on a decision without a hearing.Optional
Hearing
The parties attend the hearing, and the members of the Immigration Appeal Division of the IRB will make the final decision.
Decision
If successful, the removal order is held or cancelled, the sponsorship application is resumed or redetermined, and the PR status is retained.Within 60 days if no hearing
Crucial elements affect the decision of
Labor Market Impact Assessment
Immigration Ineligibility
- Have been refused for misrepresentation (unless spouse, partner or child of Canadian or Permanent Residents)
- National security reasons: espionage, subversion of government, violence or terrorism, or membership of related organizations
- Violations of human rights or international law such as war crimes, crimes against humanity, or being a prescribed senior official of a government that engages or has engaged in these activities
- Committed serious criminality, including driving under impairment
- Membership in criminal organizations for activities such as human trafficking or money laundering
- Have been accepted as a refugee
Judicial Review
- Applicable to all decisions, orders, measures, or issues under the Immigration and Refugee Protection Act
- Review the lawfulness of any decisions made by Federal Departments, Boards, Commissions, or Tribunals
- Conducted by the Federal Court of Canada
- The representative must be an active member of the provincial bar association
- The visa officers ignored facts, used the law wrong, leading to unfair decisions, or relied on undisclosed documents.
- Judgment: Uphold the decision or annul it and request a reconsideration.
Immigration Appeal – Decision not to grant a sponsoring visa to a spouse or partner
- Applicable to Permanent Residents or Canadian citizens sponsoring relatives outside Canada
- Prove the relationship with spouse or partner is genuine and not used for the purpose of immigrating to Canada.
- May call witness online or by phone
- Judgment: Uphold the decision or annul it and request a reconsideration.
Immigration Appeal - Decision Not to Grant a Sponsoring Visa to Parents & Grandparents
- Applicable to Permanent Residents or Canadian citizens sponsoring relatives outside Canada
- Prove that the sponsor meets the minimum income requirements or request consideration on humanitarian and compassionate grounds.
- Judgment: Uphold the decision or continue to process the sponsorship application.
Immigration Appeal – Revocation of PR status for not fulfilling residency obligation
- Applicable to permanent residents inside or outside Canada
- Prove that you have been in Canada for the required time, have valid reasons for being out of Canada, or have humanitarian and compassionate grounds.
- Judgment: Lose or retain permanent resident status
Immigration Appeal– Removal Orders
- Applicable to permanent resident, foreign national with permanent resident visa, convention refugee or protected person
- Prove that there was no misrepresentation, or request consideration on humanitarian and compassionate grounds.
- Prove that no criminal offense was committed, or request consideration on humanitarian and compassionate grounds
- Judgment: Uphold the decision, cancel the removal order, and allow to stay; or put on hold
