Immigration Appeal Division IAD
The Immigration Appeal Division is a tribunal independent from both Citizenship and Immigration Canada CIC and Canada Border Service Agency CBSA. Canadian immigration law empowered the IAD to hear three main types of appeals: The Immigration Appeal Division (IAD) hears and decides appeals on immigration matters such as:
- sponsorship appeals,
- removal order appeals, and
- Residency obligation appeals.
In most cases, a Sponsor has a right to appeal to the IRB when a visa officer refuses a Family Class application. The Sponsor must file the Appeal documentation within thirty (30) days of receiving the decision from the visa officer. The Appeals process is complicated please contact our office immigration lawyer to help you. Depending upon the reason for the negative decision of the visa immigration office and the documentation that was submitted by applicant, it may be possible to file an application to the Federal Court to dispute a visa officer’s negative decision. The application for judicial review is filed in Canada Federal Court.
Immigration Appeal Division IAD time line
The timeline for filing the application with the Federal Court is either fifteen (15) or thirty (60) days from the date of the decision on the refusal letter. It is imperative to understand that the Federal Court deadlines are very strict and thus, must be adhered to. Alghoul Immigration lawyers have great deal of experience before the Federal Court and thus, we are highly capable of representing your interest and defend your situation to determine your chances before the Court.
Immigration Appeal Division IAD error in fact
An appeal under to the IAD may be advisable when a visa officer made an error in fact or law, where there was a breach of procedural fairness (ex: the right to be heard), or where compelling humanitarian and compassionate circumstances exist, including best interests of a child.
IAD appeals must be filed quickly following receipt of a refusal (ex: thirty days for a sponsorship appeal), consulting with an experienced Algoul immigration lawyer should be arranged as soon as possible in order to understand your appeal legal rights and remedies.
IAD Appeal Process – IAD appeals can take on average 1 year to be decided. Certain sponsorship cases may be selected for Alternative Dispute Resolution ADR as informal resolution. ADR are faster and less formal means for resolving IAD appeals. Cases with contentious complicated issues and a low chance of resolution through mediation will not be suitable for ADR.
IAD Appeal Results- A positive IAD appeal decision will not automatically approve the visa, immigration application or approval of the sponsorship application. Following a positive appeal, the application being appealed to the IAD will be guaranteed processing.. If the appeal is allowed and the original decision is set aside, CIC will resume processing the sponsorship application. CIC is bound by the IRB’s decision. The IRB will forward the application to the applicable visa office to resume processing