Some immigration decisions are not final, they can be appealed to the Immigration Appeal Division (IAD), where your case is heard fresh and you can testify in person. Unlike judicial review, which asks the Federal Court to check how a decision was made, an IAD appeal can look at your case again on its merits and weigh new evidence. That makes preparation and testimony central, and it is work that must be done by a lawyer.
What the Immigration Appeal Division hears
Appeals we handle
- Refused family sponsorship applications
- Residency obligation appeals for PRs who spent too long abroad
- Certain removal order appeals
- Humanitarian and compassionate arguments within an appeal
How an appeal works
- Confirm you have a right of appeal and the deadline.
- File the appeal and obtain the officer’s record.
- Prepare evidence, witnesses, and legal submissions.
- Represent you at the hearing before the IAD.
Appeal or judicial review?
They are different tools. An IAD appeal re-hears your case and can consider new evidence and humanitarian factors. Judicial review asks the Federal Court whether a decision was reasonable and procedurally fair, without re-deciding it. The right choice depends on the decision you received and whether you have a right of appeal. We tell you which door is open before you spend money on the wrong one.
Residency obligation appeals
Permanent residents must meet a residency obligation, broadly 730 days in Canada in every five-year period. If you fell short and received a removal order or a negative decision abroad, you may still be able to appeal, and factors like family ties in Canada and the reasons for your absence can carry real weight. These deadlines are short, so it is important to act quickly.
Humanitarian and compassionate grounds
Within many appeals the IAD can weigh humanitarian and compassionate factors, the best interests of any children involved, your establishment in Canada, and the hardship a removal would cause. A well-prepared humanitarian argument can be decisive, and it is exactly where thorough preparation earns its keep.
Frequently asked questions
What is the difference between an appeal and judicial review?
An IAD appeal re-hears your case on its merits and can accept new evidence and testimony. Judicial review is a Federal Court process that reviews whether a decision was reasonable and fair, without re-deciding it. Which one applies depends on your decision and your right of appeal.
How long do I have to file an appeal?
Appeal deadlines are short and depend on the type of decision, often a matter of weeks. Missing the deadline usually ends the right to appeal, so it is important to get advice as soon as you receive the decision.
Can new evidence be presented at the IAD?
Yes. Unlike judicial review, an IAD appeal generally allows you to file new evidence and call witnesses, which is why careful preparation of your record and testimony matters so much.
Do I need a lawyer for an IAD appeal?
Yes, appeals before the IAD require legal representation to be done properly. Dr. Kataria prepares the record, the witnesses, and the legal and humanitarian arguments, and represents you at the hearing.
Received a refusal or removal order you want to appeal?
Appeal deadlines move fast. Call (437) 788-9349 or send us your decision, and Dr. Kataria will tell you whether you have grounds and what the next step is.
