How to Appeal an Immigration Decision in Canada

Immigration Appeals: Overview

Immigration decisions in Canada can be appealed through several different bodies depending on the type of decision. Understanding which body has jurisdiction — and the strict timelines involved — is critical. Missing an appeal deadline often means losing the right to appeal entirely.

The Immigration Appeal Division (IAD)

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) hears appeals in four main categories:

• Sponsorship appeals: When a family sponsorship application has been refused
• Removal order appeals: When a permanent resident or protected person has been ordered removed
• Residency obligation appeals: When a permanent resident has been found not to meet their residency obligation (590 days in Canada every 5 years)

The IAD can grant a "stay" of a removal order if it finds humanitarian and compassionate grounds to do so.

Refugee Appeal Division (RAD)

Rejected refugee claimants can appeal to the RAD within 15 days of receiving written reasons for the RPD's decision.

Federal Court Judicial Review

Many immigration decisions can be challenged through judicial review at the Federal Court of Canada. This includes refusals of permanent residence applications, study or work permit refusals, and negative PRRA decisions. You must apply for leave (permission) within 15 to 60 days of the decision depending on the type.

Humanitarian and Compassionate (H&C) Applications

Even when formal appeal rights are exhausted, individuals facing removal may apply on humanitarian and compassionate grounds for permanent residence, based on establishment in Canada, family ties, and the best interests of affected children.

Getting a Lawyer for Immigration Appeals

Immigration appeals involve complex legal arguments, strict procedural rules, and significant consequences. Retaining an experienced immigration lawyer dramatically improves your chances of success.