We have a proven track record and a former Immigration Judge that has rendered over 500 decisions heading our Appeals division at Kang & Company. Contact us immediately if you have received a negative decision before you take any further steps.
You may appeal a visa officer’s negative decision to the Immigration and Refugee Board of Canada’s Immigration Appeal Division (IAD). The Immigration Appeal Division (IAD) hears appeals on immigration matters such as appeals from refused sponsorship applications and from removal orders. There are strict time limits and requirements to appeal a decision. Further, application for leave to the Federal Court is also an option upon the denial of an appeal from the IAD or for those application denials that leave no option for appeal to the IAD. Contact us immediately if you have received a negative decision or for more information.
The IAD hears four types of appeals:
- Sponsorship appeal
- Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division
- Residency obligation appeal
- Minister’s appeal of an ID decision
An appeal is allowed…
- if the decision being appealed was wrong in law or fact,
- if there was a breach of a principle of natural justice (for example, a breach to the right to be heard or to be heard by an impartial person), or
- in some cases, on the basis of humanitarian and compassionate considerations.
Who cannot appeal?
None of these persons can appeal their removal order if they have been found inadmissible to Canada because of:
- serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years,
- organized criminality,
- security grounds, or
- violations of human or international rights.
The following persons also cannot appeal a removal order:
- claimants whose refugee protection claim has been rejected, and
foreign nationals without a permanent resident visa.