Appealing an immigration decision made in your case by the Canadian government can be a complicated process. Whether you disagree with their decision about a sponsorship application, removal order or the status of a permanent resident, an immigration lawyer specializing in appeals (an immigration appeals lawyer) can help you through the process before the Immigration and Refugee Board (IRB) and the courts.
To find an immigration appeals lawyer or law firm, click here and select “Immigration Law” to find the lawyer that best suits your needs.
Once your sponsorship application has been denied by the government, you have 30 days to appeal the decision to the Immigration Appeals Division of the IRB. The appeal can result in three outcomes:
- The appeal is allowed, the original decision is set aside and Citizenship and Immigration Canada (CIC) processes your sponsorship application;
- The appeal is allowed, the original decision is set aside but CIC challenges the sponsorship application for another reason; or
- The appeal is dismissed and the original decision stands.
If the CIC challenges the sponsorship application for another reason, another appeal will need to be brought to the Immigration Appeals Division addressing that issue.
For more information about sponsorships, see Sponsorships Lawyers.
Removal Order Appeal
If you are facing a removal order, you have 30 days to appeal the decision. There may be circumstances where you unable to appeal the decision, such as if you have a criminal record or if you are considered a security threat. Once you appeal, the Immigration Appeals Division will take one of three actions:
- Allow your appeal, allowing you to remain in Canada;
- Dismiss your appeal, allowing you to be removed from Canada by the Canada Border Service Agency; or
- Stay the removal order, temporarily allowing you to remain in Canada, with certain conditions and deciding your file at a later date.
For more information about removal orders and deportations, see Removal Order and Deportation Lawyers.
Permanent Resident Status Appeal
If CIC finds that you have not met the requirements of a Canadian permanent resident, you have 60 days to appeal to the Immigration Appeals Division. One such requirement may include the requirement that Canadian permanent residents live in Canada for a certain number of days during a five-year period.
If you receive notification from the CIC that they would like to revoke your permanent residency status while you are outside of Canada, CIC or the Immigration Appeals Division may allow you to re-enter the country to appear in person for your appeal. The appeal hearing can also be performed by phone.
If your appeal is successful, you will be able to retain your permanent resident status. If it is dismissed, you will lose your permanent resident status and, if you are in Canada, you can be removed from the country.
For more information about permanent resident applications, see Permanent Resident Applications Lawyers.
Although different from an appeal, if the outcome from a decision of the IRB is not the desired outcome, you may be able to apply to the Federal Court of Canada for the court to review the outcome of your case. The government can also apply for judicial review if it is not satisfied with the IRB’s decision. The court can deny your application at which point the decision of the IRB will apply, or it can send the case back to the Immigration Appeals Division for a re-hearing.
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If you are looking for an immigration appeals lawyer or law firm, click here and select “Immigration Law” to find the lawyer that best suits your needs.