Legal Counsel for Your Immigration Appeal in Toronto, Ontario
How to Appeal an Immigration Decision Successfully
Receiving a refusal on a spousal sponsorship, permanent residency obligation, or removal order can disrupt your life. Filing an immigration appeal before the Immigration Appeal Division (IAD) provides a formal avenue to challenge unjustified IRCC decisions. Unlike written reviews, the IAD holds full oral hearings where new evidence is introduced and witnesses testify.
Furthermore, one of the most powerful features of the IAD is its equitable jurisdiction. The tribunal can grant special relief on humanitarian and compassionate (H&C) grounds even if the original refusal was technically lawful. Consequently, strong legal advocacy can overturn a refusal if the human circumstances of your case warrant relief.
Grounds for an Immigration Appeal at the IAD
The IAD hears four main categories of appeals under the Immigration and Refugee Protection Act (IRPA). Each category has strict filing deadlines and distinct evidentiary requirements:
Sponsorship Refusal Appeal
A Canadian citizen or permanent resident whose family sponsorship was refused by IRCC can appeal to the IAD. We challenge refusals based on alleged non-genuine relationships or financial eligibility.
Minister’s Appeal
In certain proceedings, the Minister of Public Safety may appeal an Immigration Division decision that found an individual not inadmissible. We provide robust defense representation during these complex government appeals.
Removal Order Appeal
Permanent residents, protected persons, and foreign nationals with PR visas who receive removal orders can appeal to the IAD. The tribunal can set aside the order or grant a conditional stay of removal.
Overseas Sponsorship Refusal
When a canadian spousal sponsorship or parental application abroad is denied, sponsors have 30 days to appeal. We compile additional relationship evidence and prepare witnesses for oral testimony.
Residency Obligation Appeal
Permanent residents found in breach of the 730-day residency rule over a 5-year period can file an immigration appeal. The IAD assesses compelling reasons for absence and H&C factors.
PR Card & Status Appeals
Permanent residents whose travel documents or status renewals were denied abroad can challenge the finding. We represent your interests before the tribunal to secure your canadian permanent residency.