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Turning a ‘No’ into a New Chance: How to Appeal to the Immigration Appeal Division (IAD) in Canada

 The Immigration Appeal Division (IAD) is a branch of the Immigration and Refugee Board of Canada (IRB). It handles certain types of appeals related to immigration decisions made by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Service Agency (CBSA).


immigration appeal division

Who can Appeal to the IAD?

You may be eligible to appeal for the IAD if:

1.     You’re a Canadian permanent resident or citizen and your family sponsorship application for a spouse, child, parent, or other eligible relative has been refused.

2.     You’re a permanent residence who has been issued a removal order for certain reasons (criminality, misrepresentation, etc.,), but you still have the legal right to appeal.

3.     You’ve lost your permanent residency due to not meeting the residency obligation (730 days in 5 years).


You cannot appeal to the IAD if the refusal is based on:

·       Serious criminality (with sentence of more than 6 months)

·       Organized crime,

·       Security reasons,

·       Human or international rights violations,

·       Misrepresentation (in some cases),

·       Inadmissibility due to financial reasons (in sponsorships).

How to File an Appeal to the IAD


Step 1: Receive a Refusal or Removal Decision

Once you receive the official decision from IRCC or CBSA, check if you are eligible to appeal. The letter will typically state whether you have the right to appeal to the IAD.

Step 2: Submit a Notice of Appeal

  • You must file a Notice of Appeal to the IAD within 30 days of receiving the refusal letter.

  • The form must be completed accurately and sent to the IAD office that handles appeals in your region.

  • If late, you must provide reasons and request an extension, but there's no guarantee it will be accepted.

Step 3: Wait for a Hearing Date

  • After your appeal is accepted for processing, the IAD may offer an Alternative Dispute Resolution (ADR) meeting to resolve the matter informally.

  • If ADR isn’t possible or successful, a full appeal hearing (like a court hearing) will be scheduled.

  • You’ll present evidence, call witnesses (if needed), and explain why the decision should be overturned.

Step 4: Receive a Decision

  • After the hearing, the IAD will either:

    • Allow your appeal (meaning the original refusal is overturned), or

    • Dismiss the appeal (the original decision stands).

Tips for a Strong Appeal

·       Hire a lawyer or regulated Immigration Consultant: The IAD process is legal and adversarial – representation helps present a stronger case.

·       Prepare documentation carefully: Bring updated forms, support letters, identity documents, and other proof that supports your claim.

·       Be Honest and Consistent: Misrepresentation can seriously harm your appeal.

·       Demonstrate humanitarian and compassionate grounds if relevant, especially in family or removal order cases.


For personal guidance and support, Contact us

ADMIRE IMMIGRATION SERVICES INC

Vancouver: #200, 223 W Broadway, BC, V5Y 1P5. Phone: 778-925-3008

Surrey: #385-8148, 128 Street, BC, V3W 1R1. Phone: 778-683-3008

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