Appeals

Immigration Appeals – Immigration and Refugee Board of Canada (IRB)

The Immigration and Refugee Board of Canada is the largest Tribunal court in Canada that is responsible for ensuring that certain cases that are refused by Citizenship & Immigration Canada can be appealed and heard in a public court that will review the information and make a final decision on an applicant’s case for immigration. In the case of a Canadian immigration application refusal, certain applicants may be eligible to appeal that decision and to have that decision overturned by due process. We can help you file the appeal, prepare the case and represent you before the IRB.

When a family sponsorship application is rejected overseas

If your sponsorship application for a spouse, dependent child or parents or grandparents is rejected, your appeal should be filed within 30 days from the date you received the refusal letter.

A decision was made outside of Canada on failing to comply with your residency obligation.

When you have failed to meet your residency obligation (residing in Canada for 730 days out of recent 5 years) and you get a written notice from CIC overseas, you can appeal within 60 days. If the appellant wants to return to Canada for the hearing of the appeal, the appellant must state this in the Notice of Appeal.

You are served with a removal order that was issued at an admissibility hearing or at an examination.

If as a foreign national who holds a permanent resident visa or a protected person wants to appeal a removal order made at an examination or at an admissibility hearing, they must do so within 30 days.

Judicial Review (JR) when a Temporary or Permanent Residence application is rejected.

All the other permanent immigration applications as well as the temporary residence applications (ex. Federal Skilled Worker, CEC, Self-employed, Investor programs as well as Visitor/Student/Worker Visas.) have the right to apply for a leave for Judicial Review at the Federal Court of Canada. If you believe that there was an error in law and/or fact or natural justice (procedure fairness) committed by the immigration officer when assessing your application, you have the right to apply for a leave of Judicial Review to the Federal Court of Canada.

The time frame for doing so is 15 days if the case was refused in Canada, or 60 days if your case was processed in overseas.