Appeal Immigration Decisions

'Immigration Tribunal' or 'Immigration and Refugee Board (IRB)' of Canada hears appeals on immigration-related matters which include petition for sponsorship refusals, removal orders, residency obligations, allow or reject claims for refugee protection.

Several types of appeals that are heard by the IRB include:

1. Appeals of family class sponsorship applications refused by officials of Immigration, Refugees and Citizenship Canada (IRCC).
2. Appeals of removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas.
3. Appeals by Permanent Residents who have been found by an IRCC official outside of Canada not to have fulfilled their residency obligation.
4. Appeals by the Minister of Public Safety of decisions at admissibility hearings by the IRB’s Immigration Division (ID) where the ID made a decision that a person is not inadmissible.

Sometimes decisions made by Government officials are not made in accordance with Immigration and Refugee Protection Act ( S.C. 2001, c. 27) and Immigration and Refugee Protection Regulations (SOR/2002-227). If you were denied visa to Canada, you can file an 'Appeal' or a 'Request for Reconsideration' to reassess your case.

The IRB may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice. In certain cases, the IRB may also provide special relief on the basis of Humanitarian and Compassionate (H&C) considerations, which includes taking into account the Best Interests of a Child (BIOC) directly affected by the decision being appealed to the IRB.

In a removal order appeal, the IRB may also give special relief by staying the removal order with conditions. If the IRB does not allow an appeal or stay the removal order made against the appellant, the IRB will dismiss an appeal.

IRB may recommend the Appellant and the Minister’s counsel to settle appeals early, without going to a full hearing. The IRB has an Alternative Dispute Resolution (ADR) process, which offers appellants an opportunity to resolve their case through a mediation-like process. The ADR process involves an in-person meeting that is called an ADR conference. An Early Resolution Officer (ERO), who is an IRB employee, conducts the ADR conference with the Minister’s counsel (representing either IRCC or the Minister of Public Safety) and the Appellant and her/his Counsel of Record. The ERO facilitates a discussion between the appellant and the Minister in order to try to resolve the appeal. The goal of the conference is to see whether the appeal can be resolved, either by having the Minister consent to allowing the appeal, or having the appellant withdraw his or her appeal.