What is an Immigration Appeal?

An Immigration Appeal is a legal process through which you can challenge a decision made by the Immigration, Refugees, and Citizenship copyright (IRCC) or the copyright Border Services Agency (CBSA) regarding your immigration application.

Who Can File an Immigration Appeal in copyright?

Not all decisions are eligible for appeal. Generally, you can file an appeal if you are a copyright of copyright, a refugee, or a sponsor whose application for family reunification has been denied.

The Immigration Appeal Process

Step 1: Notice of Appeal

To initiate the appeal process, you must submit a Notice of Appeal to the Immigration Appeal Division (IAD) within the prescribed time frame. This usually ranges from 15 to 30 days depending on the type of decision being appealed.

Step 2: Preparing Your Case

After submitting the Notice of Appeal, you will need to gather evidence and prepare your case. This may include legal arguments, documentation, and witness testimonies.

Step 3: The Hearing

The appeal hearing is a crucial part of the process. You will present your case before a member of the IAD, who will review the evidence and make a decision. The hearing can be held in person or via video conference.

Step 4: The Decision

After the hearing, the IAD member will render a decision. If the appeal is allowed, the original decision will be overturned. If the appeal is dismissed, the original decision will stand, but further legal options may still be available.

Why You Need a Canadian Immigration Lawyer

Navigating the Immigration Appeal process can be complex and challenging. A qualified Canadian immigration lawyer can provide you with expert advice, help you gather the necessary evidence, and represent you at the appeal hearing.

Frequently Asked Questions

How long does the Immigration Appeal process take in copyright?

The duration of the appeal process can vary, but it typically takes several months to over a year to receive a final decision.

Can I appeal a removal order?

Yes, you can appeal a removal order under certain conditions. It is essential to act quickly and seek legal advice to understand your rights and options.