What immigration decisions can be appealed in Canada?
The Immigration Appeal Division (IAD) hears appeals of refused family sponsorship applications, removal orders against permanent residents and protected persons, and certain outside-Canada PR refusals. Refugee claimants can appeal to the Refugee Appeal Division (RAD). Federal Court handles judicial reviews of all IRCC and IRB decisions.
How much does it cost to appeal an immigration decision?
IAD filing fees are $110 CAD. RAD appeals have no filing fee. Federal Court leave applications cost $50 CAD. Legal representation - the largest cost - ranges from $3,500 for simple cases to $15,000-$25,000+ for complex Federal Court matters. Legal Aid is available in most provinces for qualifying applicants.
How long does an immigration appeal take in Canada?
IAD appeals average 12-24 months from filing to final hearing. RAD appeals are typically decided within 90 days on the paper record alone. Federal Court judicial reviews take 6-18 months to obtain leave and receive a decision. Total timelines can extend 2-4 years if the matter is sent back for re-determination.
What are the grounds for winning an immigration appeal?
Appeals can succeed on legal errors by the original decision-maker, factual findings unsupported by evidence, procedural fairness breaches, or humanitarian and compassionate (H&C) grounds. For removal order appeals, the IAD weighs establishment in Canada, family ties, and the best interests of any affected children.
Can I stay in Canada while my appeal is being decided?
Generally yes. Filing an IAD appeal of a removal order typically triggers an automatic stay of removal while the appeal is pending. However, stays do not apply to all removal orders - for example, those based on serious criminality with a sentence of 6+ months. Consult a lawyer immediately after receiving a removal order.