Immigration Appeals
Sponsorship Appeals | Residency Obligations Appeals | Removal Order Appeals
Immigration appeal rights can arise in several high-impact situations, including family sponsorship refusals, residency obligation findings, and removal orders. These appeals are heard by the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada and are subject to strict statutory timelines and eligibility requirements.
At Summit Point Law, we assist clients in identifying whether a right of appeal exists and in navigating the appeal process before the IAD.
Disclaimer: Please note that the information provided is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change, and outcomes depend on the specific facts of each case. This content is not exhaustive of all legal rights, remedies, or requirements and should not be relied upon as a substitute for legal advice. Readers should consult a legal professional for specific advice in any particular situation.
Sponsorship Appeals
If a family sponsorship application is refused, the sponsor may have the right to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. Sponsorship appeals must be filed within strict timelines, and not all refusals provide a right of appeal.
Sponsorship appeals commonly involve issues such as the genuineness of the relationship, sponsor eligibility, or concerns related to misrepresentation. These appeals require careful analysis of the refusal decision and the supporting evidence.
At Summit Point Law, we assist clients in determining whether a sponsorship refusal can be appealed and in preparing and advancing sponsorship appeals before the IAD.
Residency Obligation Appeals
Permanent residents of Canada are required to meet residency obligations, which generally require physical presence in Canada for at least 730 days in every 5 year period preceding application for a travel document.
If a negative residency obligation decision is made, the individual may have the right to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. Appeals must be filed within strict timelines.
At Summit Point Law, we assist clients in assessing whether a residency obligation decision can be appealed and in preparing and advancing residency obligation appeals before the IAD.
Removal Order Appeals
A removal order is a decision requiring an individual to leave Canada. Depending on the circumstances, a removal order may be appealable to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. Appeals must be filed within strict timelines, and not all removal orders carry a right of appeal.
An appeal may involve legal errors, factual findings, or humanitarian and compassionate considerations, including the individual’s establishment in Canada, family ties, the best interests of any affected children, and the seriousness of the issues leading to removal.
At Summit Point Law, we assist clients in determining whether a removal order can be appealed and in navigating the appeal process where a right of appeal exists.