Immigration Appeals

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Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If you are a permanent resident who is outside Canada and a visa officer (also outside Canada) finds that you did not meet your residency obligation, you may lose your permanent resident status. You can appeal the decision to the Immigration Appeal Division (IAD) in order to explain why you should keep your permanent resident status. This is known as a residency obligation appeal (subsection 63(4) of the IRPA).

Who can appeal

You can make a residency obligation appeal if a Canadian overseas visa office found that you did not meet your residency obligation as a permanent resident.

Who cannot appeal

There are no restrictions or exceptions to make a residency obligation appeal. However, if you received a removal order inside Canada because you did not meet your residency obligation, you will need to make a removal order appeal.

How to start an appeal

You have 60 days after the refusal to appeal to the IAD.

To file a residency obligation appeal, you must submit:

• A completed Notice of Appeal form for each person in your family affected by the decision
• Two copies of the decision from the overseas visa office

If your parents or grandparent’s PR case under family sponsorship was refused contact us today to successfully win the appeal case!

We specialize in getting approvals for refused Family sponsorship cases if your case was refused because of

1. Medical Inadmissibility
2. Income ineligibility of sponsor
3. Dependent child ineligibility etc
4. 
   

If you have sponsored a family member whose application for permanent residence was refused, you may want to appeal that decision to the Immigration Appeal Division (IAD) in order to explain why the visa application should be accepted. This is known as a sponsorship appeal (subsection 63(1) of IRPA).

Who can appeal?
You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC).

Who cannot appeal?
You cannot appeal if the person you sponsored was found inadmissible to Canada because of:

• Serious criminality, which is defined as having:
  • been punished in Canada by a sentence of six months or more of imprisonment, or
  • been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
  • committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.
• Organized crime
• Security grounds
• Violations of human or international rights, or
• Misrepresentation (unless the person you sponsored is your spouse, common-law partner or child)

How to start an appeal : You have 30 days after receiving the refusal letter to appeal to the IAD.

While each division of the IRB is responsible for making decisions on different immigration or refugee matters, they all follow an administrative tribunal process similar to what happens in a court, though less formal. The process is flexible and can take many forms so long as it ensures that the IRB makes well-reasoned, efficient and fair decisions. The IRB tribunal process is based on Canadian law, Canada’s international obligations and Canada’s humanitarian traditions.

Filing an appeal
To launch an appeal, you must file a notice of appeal to the RAD no later than 15 days* after the day on which you received the written reasons for the RPD decision. You must provide three copies of your notice of appeal to the RAD Registry in the regional office that sent you your RPD decision.

You can deliver, mail or fax your notice of appeal to the IRB regional office that sent the original refugee decision.

What are the time limits for an appeal?
The following time limits apply to your appeal:

• no more than 15 days after the day on which you received the written reasons for the RPD decision, you must file your notice of appeal.
• no more than 30 days after the day on which you received the written reasons for the RPD decision, you must file your appellant’s record.
• Unless a hearing is ordered, the RAD will wait 15 days before making a decision on your appeal.
• The Minister may decide to intervene and submit documentary evidence at any time before the RAD makes a final decision on the appeal.
• If the Minister decides to intervene and to provide submissions or evidence to you, the RAD will wait 15 days for you to reply to the Minister and the RAD.
• Once you have replied to the Minister and the RAD, or if 15 days have passed and you have not replied, the RAD will make a decision on your appeal.
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What happens if I miss a time limit?
If you miss the time limit to file the notice of appeal or the appellant’s record and you still want to continue with the appeal, you must file an application for an extension of time.

The application for an extension of time must follow rule 6 (Application for extension of time to file or perfect) and rule 37 (How to make an application) of the RAD Rules. You must provide three copies of your notice of appeal and two copies of your appellant’s record with your application. You must also provide an affidavit or solemn declaration that explains why you missed the time limits.