Canadians affected by te decisions of the Immigration Department have an avenue for appeals at the Immigration Appeals Division (IAD) of Immigration and Refugee Board (IRB).
IRB is an independent administrative tribunal set up by the Government of Canada distinct from Citizenship & immigration Canada (CIC).
The IAD hears Appeals against refused sponsorships, Removal orders, Residency obligations, etc.
Transcend handles Immigration Appeals
The Immigration Appeal Division hears:
- appeals of sponsorship applications refused by CIC officials;
- appeals from certain removal orders made against permanent residents, refugees and other protected persons, and holders of permanent resident visas; and
- appeals by permanent residents who have been found outside of Canada not to have fulfilled their residency obligation;
Being a quasi-judicial tribunal, the process is non-confrontational. The process is designed to ensure fair, efficient, and consistent decisions in accordance with Canadian law and Canada ‘s international obligations and humanitarian traditions. The tribunal process includes the following characteristics:
- The persons who make decisions on cases are called members.
- Individuals appearing before the tribunal have the right to be represented by counsel, who does not need to be a lawyer, but who could be an immigration consultant or a trusted advisor.
- Individuals have the right to be heard and to present their cases fully. This is usually done by way of an oral hearing.
- All testimony is given under oath or by affirmation.
- Most cases are heard by one member, although occasionally panels of three members will hear cases.
- Hearings are usually open to the public.
- The setting and procedures for hearings are relatively informal and therefore, evidence presented and accepted is not restricted by technical or legal rules of evidence.
- Each division has rules of practice that set out more detailed requirements for procedures, time limits, disclosure of evidence, provision of documents, and other responsibilities of parties and counsel.
- Hearings are usually conducted in person, although they can also be held by videoconference, telephone or other means that allow for a fair hearing.
- The services of an interpreter are provided if required, and an individual may choose in which of Canada ‘s official languages, English or French, the hearing will be conducted.
- All IRB decisions are based on the evidence provided during the proceedings.
- Members must provide reasons for all final decisions.
- Both CIC and individuals appearing before the IRB have the right to apply to the Federal Court of Canada for judicial review of decisions rendered by one of the divisions of the IRB. They must first obtain leave (permission) of the Court.
If you are in any of the above situations and would like to know about Appeals, please contact us.