The immigration appeal process in Canada allows individuals to challenge decisions regarding visas, residency obligations, sponsorships, or removal orders. Understanding the steps and rules involved can make a significant difference in the outcome of your case. Below is an overview of how to navigate the appeal process.
How to Make an Immigration Appeal?
Immigration appeals are available for several types of cases, including visa refusals, removal orders, and residency obligations. If your application was denied or you received a removal order, you may be eligible to appeal.
The Immigration Appeal Division (IAD) manages these appeals, ensuring they are handled fairly and within the rules.
For sponsorship cases, you can appeal if you sponsored a family member and their application for permanent residence was refused.
If you have received a removal order after an immigration examination or a hearing before the IRB’s Immigration Division, you may also have the right to appeal. Lastly, you can appeal a residency obligation refusal if you were denied a travel document while outside Canada.
Three Ways to Appeal
- Sponsorship Appeal: This applies when you sponsored a family member for permanent residence and their application was denied. You can submit an appeal to the IAD for reconsideration.
- Residency Obligation Appeal: If you were outside Canada and applied for a travel document that was refused, you can file a residency obligation appeal. The IAD will examine whether you met the residency requirements.
- Removal Order Appeal: A removal order appeal is available if you have been ordered to leave Canada due to a decision by an immigration officer or a hearing before the IRB’s Immigration Division. You can challenge the decision and present your case to the IAD.
In some instances, you may also need to respond to a Minister’s appeal if the Minister of Public Safety challenges a decision in your favor, such as when you are allowed to stay in Canada.
How Do You Write a Powerful Appeal Letter?
Writing an effective appeal letter is a critical step in the process. Your letter should clearly state the reason for your appeal and provide supporting evidence. Be specific and factual when addressing why the original decision was incorrect or unfair. Documents such as medical records, employment history, or other relevant records should be included to strengthen your case.
If your appeal is scheduled for an alternative dispute resolution (ADR) meeting, preparing for this conference is essential. This step involves presenting your case in a way that may lead to a resolution without a formal hearing.
If your appeal is scheduled for an ADR conference, consider the following:
- Understand the Process: An ADR is an informal meeting aimed at resolving the appeal without a formal hearing.
- Prepare Your Case: Be ready to discuss your case succinctly, focusing on key points and supporting evidence.
- Stay Open-Minded: Approach the ADR with a willingness to negotiate and consider potential compromises.
How Long Does an Appeal Decision Take?
The timeline for receiving an appeal decision varies based on the complexity of the case. Typically, decisions are made within 60 days if the appeal is not resolved at the hearing.
In some instances, the case may be reserved, meaning the IAD will review all the evidence and provide a written decision afterward.
The new IAD rules, which came into effect in 2023, have streamlined the process to ensure faster and fairer resolutions.
For example, the time limit to provide an appeal record for sponsorship and residency obligation appeals has been reduced from 120 days to 60 days, and for removal order appeals, it’s now 30 days instead of 45.
Are you facing a denied visa or removal order and wondering what to do next? At SEP Immigration, we understand how challenging this can be. The immigration appeal process offers you a chance to challenge the decision and present your case, ensuring you have the opportunity to stay in Canada or continue with your application.
What Is the Success Rate of Immigration Appeals?
The success rate of immigration appeals in Canada is estimated to be at least 50%. This means that many individuals who challenge a decision through the appeal process have their cases overturned, allowing them to remain in Canada or proceed with their applications.
How Long Does It Take to Get a Visa After a Successful Appeal?
Once an appeal is successful, it usually takes a few weeks to a few months to receive a visa. The timeline depends on the specifics of the case and the processing time at the relevant visa office.
How Do I Check My Immigration Appeal Status?
To check the status of your immigration appeal, you can contact the IAD or check online through the official immigration website.
Keeping track of deadlines and document submissions is crucial to ensuring your appeal is processed without delay.
Navigating the immigration appeal process in Canada can be complex, but knowing your rights and understanding the new IAD rules can greatly increase your chances of success.
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