Immigration Appeals & Reviews in Canada
When a decision goes against you, the clock starts ticking. Our team develops appeal-grade strategies, builds persuasive records, and meets deadlines so you can put your best case forward efficiently and lawfully.
Immigration Appeals & Reviews in Canada
Sponsor appeals • Removal order appeals • Residency obligation appeals (IAD) • Refugee appeals (RAD) • Judicial review • Reconsideration
Expert Appeal Representation
Our experienced immigration lawyers provide comprehensive appeal services to help you challenge negative immigration decisions. We understand the complexities of the appeal process and work tirelessly to achieve the best possible outcome for your case.
- Expert legal analysis and strategy development
- Comprehensive evidence gathering and preparation
- Professional representation at hearings
- Ongoing support throughout the process
01
IAD Deadlines
Immigration Appeal Division filing deadlines
- IAD – Sponsorship: file Notice of Appeal within 30 days of refusal. Immigration and Refugee Board of Canada
- IAD – Removal Order: file within 30 days of receiving the removal order. Immigration and Refugee Board of Canada
- IAD – Residency Obligation: file within 60 days of the decision (often PRTD refusals abroad). Immigration and Refugee Board of Canada
02
RAD & Judicial Review Deadlines
Refugee Appeal Division and Federal Court deadlines
- RAD: Notice of Appeal within 15 days of receiving written RPD reasons; Appellant's Record within 45 days. Immigration and Refugee Board of Canada
- Judicial Review (Federal Court/IRPA s.72): file within 15 days (decision made in Canada) or 60 days (outside Canada). Justice Laws
- Rules change; we confirm your exact deadline before filing
03
IAD Appeal Types
Immigration Appeal Division appeal categories
- A) Sponsorship Appeals (family class): If IRCC refused your spousal/partner/parent sponsorship, the sponsor can appeal to the IAD. Common issues: genuineness, eligibility, documentary gaps, interview concerns. Notice of Appeal: 30 days. Immigration and Refugee Board of Canada
- B) Removal Order Appeals: Many permanent residents and protected persons can appeal removal orders issued by the Immigration Division. The IAD can stay (suspend) a removal with conditions while you demonstrate establishment, rehabilitation, compliance, and H&C factors. Notice: 30 days. Immigration and Refugee Board of Canada
- C) Residency Obligation Appeals (PR 730-day rule): If a visa office or IRCC finds you did not meet the PR 730 days/5 years presence requirement (e.g., PRTD refusal), you may appeal to the IAD. Notice: 60 days. Immigration and Refugee Board of Canada
04
IAD Process Notes
Important IAD process information
- After filing, the Minister provides the appeal record (timelines vary by appeal type)
- ADR (Alternative Dispute Resolution) may resolve some sponsorship cases without a full hearing. Immigration and Refugee Board of Canada
05
Refugee Appeal Division (RAD)
RAD appeal process and requirements
- If the RPD refused your refugee claim and you have a right of appeal, RAD can set aside the decision, substitute its own decision, or send the case back for a new hearing
- Notice of Appeal: 15 days from receiving written reasons
- Appellant's Record: generally 45 days after receiving the written reasons. Immigration and Refugee Board of Canada
- Not everyone has a RAD right of appeal (statutory bars apply). If you're barred, consider Judicial Review instead
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Judicial Review (JR) – Federal Court
Federal Court judicial review process
- If there is no right of appeal (or after losing an appeal), you may seek leave and judicial review of the decision
- Filing deadline: 15 days (decision made in Canada) or 60 days (decision made outside Canada) under IRPA s.72(2); extensions are possible only for "special reasons"
- The Court can set aside an unlawful/unreasonable decision and send it back for re-determination; it does not issue visas itself. Justice Laws
07
Reconsideration Process
Reconsideration requests to original decision-maker
- A discretionary request asking IRCC/CBSA (or occasionally an IRB registry) to reopen or correct a decision due to a clear error, fairness issue, or new, material evidence that wasn't reasonably available before
- Important: Reconsideration does not pause appeal/JR deadlines. We often file a reconsideration and protect formal remedies simultaneously (case-by-case)
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Rapid Triage & Deadline Lock-in
Step 1 of our appeal process
- Confirm jurisdiction, remedy, and your exact filing date (e.g., IAD 30/60, RAD 15/45, JR 15/60). Justice Laws Immigration and Refugee Board of Canada
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Refusal Analysis
Step 2 of our appeal process
- Map the errors: credibility, H&C, law, procedure, or unreasonableness
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Evidence Upgrade
Step 3 of our appeal process
- Affidavits, objective proof, expert and country reports, rehabilitation/establishment packages, and translations
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Persuasive Filings
Step 4 of our appeal process
- Notices, perfected records, legal arguments; ADR strategy for IAD where applicable. Immigration and Refugee Board of Canada
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Representation
Step 5 of our appeal process
- We prepare witnesses, conduct hearing advocacy, or draft RAD/Federal Court submissions; seek stays of removal where available. Immigration and Refugee Board of Canada
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Essential Documents
Critical documents to gather for your appeal
- Full refusal/decision letter(s) + GCMS/notes (if available)
- Identity/civil status documents; travel history (visas, entry/exit)
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Relationship & Residency Evidence
Proof of relationships and Canadian residency
- Relationship proof (for sponsorship): chats, photos, remittances, visits, affidavits
- PR residency evidence: CBSA travel history, CRA, leases, utility bills, employment/school records
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Additional Evidence
Other important evidence categories
- Removal-order equities: work history, community ties, rehabilitation evidence, hardship to family
- Refugee/RAD: BoC, objective country evidence, new corroboration (if admissible)
- Any new evidence not reasonably available at the time of decision
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Licensed Representation
Our professional qualifications
- Licensed representation (RCIC) with litigation partners for Court matters
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Appeal-Grade Drafting
Our legal writing expertise
- Appeal-grade drafting: facts, law, and evidence theory that speaks to decision-makers
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Deadline Discipline
Our case management approach
- Deadline discipline and organized records
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Transparent Fees
Our honest approach to pricing
- Transparent fees; no false promises just strong advocacy
Why Choose Our Appeal Services?
Proven Success Rate
High success rate in appeal cases with strategic approach
Experienced Lawyers
Specialized immigration lawyers with extensive appeal experience
Comprehensive Support
Full support from case assessment to final decision
Appeal Process Timeline
1Case Assessment & Strategy
2Evidence Gathering & Preparation
3Appeal Filing & Documentation
4Hearing Preparation & Representation
Frequently Asked Questions
Get answers to common questions about immigration appeals and the appeal process