What is an Appeal?
An appeal in Canada allows you to request a revision or overturning of a legal decision that has been made. An application needs to be made which must include all documents and supporting evidence, this ensures the reasons for the unfair decision is thoroughly rebutted by the record.
In terms of immigration law, there are quite a few cases which may be appealed. However, not all cases are subject to appeal and some decisions are final. Most immigration appeals cases are conducted either at the Immigration Appeal Division or at the Refugee Appeal Division of the Immigration Refugee Board.
Appeal Services at Jasmin Sandhu
Most appeals cases require a rigorous argument and possibly attending a hearing, which is why it is always advisable to work alongside a lawyer when undertaking one. At Jasmin Sandhu Law, our appeals cover both immigration and refugee appeals. We have taken a closer look at what each of these entails below.
Immigration Appeal Services
The Immigration Appeal Division (IAD) hears appeals on immigration-related matters, including sponsorships, removal orders and residency obligations. Depending on the case you may have the option of alternate dispute resolution (ADR) conducted through a conference. The timeline to file an appeal varies based on the decision being refused and can range from 3-60 days.
Decisions that could trigger an appeal include:
- Refused parent sponsorships, on the grounds of lack of money or health problems
- Refused spousal or common-law sponsorships
- Some visa disputes
While Jasmin Sandhu Law has lots of experience with appeals in immigration cases, they can be long and arduous. We advise that you work with a lawyer when beginning your process and filing your initial application. This will avoid appeals caused by discrepancies or missing documentation which can become the source of much delay and stress.
Refugee Appeal Services
The Refugee Appeal Division was created along with Canada’s Immigration and Refugee Protection Act in 2001. It is designed to hear appeals on refused refugee protection claims. Claimants may appeal their decision based on the grounds that it was incorrect with regard to fact, law, or both.
This appeal division is available to some of the claimants refused by the Refugee Protection Division. Any claimant is protected from removal from Canada while a RAD appeal is in progress, but the appeals service is not available to some.
Those it is not available include:
- Claimants who have come to Canada via a US border crossing through an exception to the Safe Third Country Agreement
- Claimants whose applicants have no credible basis (NCB)
- Or, those whose claims are deemed manifestly unfounded claims (MUC)
If you have decided to appeal a negative refugee decision, the RAD will assess your claim and may order a hearing–though this is uncommon. You have 15 days to file your appeal within receipt of your negative decision, and a further 15 days to complete documentation and submit legal arguments.
The refugee appeals process is still relatively new in Canada, and for this reason, working with a lawyer is advisable to navigate a territory where case law has not been fully settled.
Once you have submitted your appeal, the RAD may either refuse the appeal or they will allow the issue to be brought back to the Refugee Protection Division to be re-heard. In some cases, they may substitute their own decision for the decision made by the Refugee Protection Division.
Note: a refusal of a RAD appeal may result in a removal order being issued. If the appeal is accepted and your application is granted, you will then receive protected person status. If you choose to work with Jasmin Sandhu Law, we will walk you through all the potential outcomes of an appeal claim beforehand.
Are You in Need of an Appeals Lawyer in Toronto and the GTA? Reach Out to Jasmin Sandhu Law Today!
At Jasmin Sandhu Law, we have been working on immigration and refugee claims and appeals for years. We have all the necessary experience to support and guide you through this legal process and we endeavour to make it as stress-free as possible.
Get in touch today to find out more about our appeals services.