Appeals

Most Immigration application processes are handled in person by humans. While processing an application, personal prejudice, level of physical tiredness, general mood, etc. can have an effect on the decision process. While human error is often unavoidable, the impact of a negative decision/refusal on the applicant’s immigration application can have a life-changing impact on the applicant. In such a scenario when one is convinced that the refusal was incorrect and should be reversed, one can choose to appeal the decision.

Based on the type of application and the applicant’s current location, the applicant might have the option of appealing with one of the following:

* Immigration Appeal Division (IAD): IAD is a part of The Immigration and Refugee Board (IRB) and hears appeals on matters such as sponsorships, residency obligations and removal orders

* Refugee Appeal Division (RAD): Cases that are refused by the Refugee Protection Division (RPD), can be appealed with the RAD. Hearings for these appeals can be oral or written depending on the case complexity and available documentation.

* Federal Court: An appeal for a negative decision by a visa officer can be made to the Federal court by way of a Judicial Review. The onus is on the applicant and his/her counsel to prove that the visa officer either made an error in processing the application or acted unfairly.

For temporary resident applicants, a judicial review may be the only form of appeal available (other than reconsideration or re-application), if the applicant is convinced of an incorrect decision on one’s application.