IMMIGRATION APPEALS / HEARINGS
A refusal does not always mean the end of the road. We provide professional representation in immigration appeals before the Immigration and Refugee Board of Canada. We offer comprehensive legal representation for a range of immigration appeals
The Immigration and Refugee Board of Canada (IRB)
Immigration appeals and hearings in Canada are handled by the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal responsible for making decisions on immigration and refugee matters.
The IRB is composed of four specialized divisions, each responsible for different types of cases.
Immigration Division (ID)
The Immigration Division conducts hearings related to immigration enforcement matters. These include admissibility hearings, where it is determined whether a foreign national or permanent resident is inadmissible to Canada, as well as detention reviews for individuals detained under immigration legislation.
Immigration Appeal Division (IAD)
The Immigration Appeal Division hears appeals related to certain immigration decisions. These include removal order appeals, family class sponsorship appeals, and appeals relating to the permanent resident residency obligation. The IAD may consider both legal arguments and humanitarian and compassionate considerations when deciding a case.
Refugee Protection Division (RPD)
The Refugee Protection Division is responsible for determining refugee claims made in Canada. It assesses whether a claimant meets the legal definition of a Convention Refugee or Protected Person under Canadian immigration law.
Refugee Appeal Division (RAD)
The Refugee Appeal Division reviews certain decisions made by the Refugee Protection Division when a refugee claim has been refused. The RAD examines whether the decision contained errors in law, fact, or credibility findings and may consider new evidence in limited circumstances.
Our Immigration Appeals & Hearing Services
Removal Order Appeals
Where a right of appeal exists before the Immigration Appeal Division (IAD).
Certain permanent residents, protected persons or convention refugees, and permanent resident visa holders may have the right to appeal a removal order to the Immigration Appeal Division (IAD).
We assist clients by reviewing the removal order, preparing supporting evidence, and presenting arguments to challenge the decision or seek relief based on humanitarian and compassionate considerations.
Residency Obligation Appeals
Permanent residents must meet Canada’s residency obligation to maintain their status. If a determination is made that the residency requirement has not been met, it may be possible to appeal the decision before the Immigration Appeal Division.
Family Class Sponsorship Appeals
When a family sponsorship application is refused, the Canadian sponsor may be able to appeal the refusal before the Immigration Appeal Division (IAD). These cases often involve concerns about the genuineness of a relationship or questions about eligibility under the family class. You have 30 days from the date your family member received the IRCC refusal letter to file your Notice of Appeal.
We assist with appeals involving:
Spousal sponsorship refusals
Common-law partner sponsorship refusals
Conjugal partner sponsorship refusals
Dependent child sponsorship refusals
Please note that there is no option to appeal a negative decision if you are sponsoring someone under the spouse or common-law partner in Canada class.
Refugee Appeals
If a refugee claim is refused by the Refugee Protection Division (RPD), the claimant may have the right to appeal the decision to the Refugee Appeal Division (RAD). You have 15 days from the time you received your RPD decision to file your Notice of Appeal.
The RAD reviews whether the RPD made errors in law, fact, or credibility findings. In certain cases, new evidence may also be considered if it was not reasonably available at the time of the original hearing.
Admissibility Hearings
When the Canada Border Services Agency (CBSA) believes that a foreign national or permanent resident may be inadmissible to Canada—for example due to criminality, organized criminality misrepresentation, security concerns, or other grounds—the case may be referred to the Immigration Division (ID) for an admissibility hearing.
Detention Reviews
Individuals who are detained by immigration authorities may have their detention reviewed by the Immigration Division (ID) of the IRB. These reviews determine whether continued detention is justified or whether the individual may be released under certain conditions.
Procedural Fairness and Credibility Challenges
Immigration decisions must be made fairly and based on a proper assessment of the evidence. In some cases, decisions may be challenged where procedural fairness was not respected or where important evidence was not properly considered.
Hearing Preparation and Representation
Immigration appeals and hearings often require detailed preparation and careful presentation of evidence. We provide comprehensive assistance in:
Reviewing refusal letters or enforcement decisions
Assessing eligibility for an appeal or hearing
Preparing appeal records and supporting documentation
Drafting legal submissions and written arguments
Preparing clients for testimony and questioning
Representation before the appropriate division of the Immigration and Refugee Board
Getting
Started
with Us
Immigration appeals and hearings are often complex and time-sensitive, and the outcome can significantly affect your ability to remain in Canada or reunite with family members.
At MGiaccari Immigration Consulting, we work closely with our clients to review the decision being challenged, explain the available legal options, and develop a strategy tailored to their circumstances. Our goal is to present a clear and well-supported case while guiding you through every step of the process.