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                                  IMMIGRATION APEALS AND HEARING

A refusal does not always mean the end of the road. We provide professional representation in immigration appeals before the Immigration and Refugee Board of Canada. We offer comprehensive legal representation for a range of immigration appeals.


The Immigration and Refugee Board of Canada (IRB) 


Immigration appeals and hearings in Canada are handled by the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal responsible for making decisions on immigration and refugee matters. 

The IRB is composed of four specialized divisions, each responsible for different types of cases:



Immigration Division (ID) 

The Immigration Division conducts hearings related to immigration enforcement matters. These include:

  •  Admissibility hearings, where it is determined whether a foreign national or permanent resident is inadmissible to Canada.
  • Detention reviews, which assess whether an individual should remain in immigration detention or be released under specific conditions.


Immigration Appeal Division (IAD)

 The Immigration Appeal Division hears appeals related to certain immigration decisions, including:

  •  Removal order appeals
  • Family class sponsorship appeals 
  • Appeals relating to the permanent resident residency obligation. 

The IAD may consider both legal arguments and humanitarian and compassionate considerations when making decisions.


Refugee Protection Division (RPD) 

The Refugee Protection Division is responsible for determining refugee claims made in Canada. 

It assesses whether a claimant meets the legal definition of a Convention Refugee or Protected Person under Canadian immigration law.


 Refugee Appeal Division (RAD) 

The Refugee Appeal Division reviews certain decisions made by the Refugee Protection Division when a refugee claim has been refused. The RAD examines whether the decision contained errors in law, fact, or credibility findings and may consider new evidence in limited circumstances.


Our Immigration Appeals & Hearing Services

Immigration appeals and hearings are often complex and time-sensitive. The outcome can significantly affect your ability to remain in Canada, maintain your status, or reunite with family members. We provide strategic guidance and professional representation.

Removal Order Appeals

Where a right of appeal exists before the Immigration Appeal Division (IAD).

Certain permanent residents, protected persons or convention refugees, and permanent resident visa holders may have the right to appeal a removal order to the Immigration Appeal Division (IAD). 

We assist by:

  • Reviewing the removal order and underlying decision
  • Preparing supporting documentation and evidence
  • Presenting legal arguments 
  • when necessary, seek relief based on humanitarian and compassionate considerations.

Residency Obligation Appeals

Permanent residents must meet Canada’s residency obligation to maintain their status. 

If a determination is made that the residency requirement has not been met, it may be possible to appeal the decision before the Immigration Appeal Division.

Family Class Sponsorship Appeals

When a family sponsorship application is refused, the Canadian sponsor may be able to appeal the refusal before the IAD. 

These cases often involve concerns about the genuineness of a relationship or eligibility under the family class. 

You have 30 days from the date your family member received the IRCC refusal letter to file your Notice of Appeal.

We assist with appeals involving:

  • Spousal sponsorship refusals
  • Common-law partner sponsorship refusals
  • Conjugal partner sponsorship refusals
  • Dependent child sponsorship refusals

Important: There is no right of appeal for refusals under the Spouse or Common-Law Partner in Canada Class.

Refugee Appeals

If a refugee claim is refused by the RPD, the claimant may have the right to appeal the decision to the RAD. 

You have 15 days from the time you received your RPD decision to file your Notice of Appeal.

The RAD reviews whether the RPD made errors in law, fact, or credibility findings. In certain cases, new evidence may also be considered if it was not reasonably available at the time of the original hearing.

Admissibility Hearings

When the Canada Border Services Agency (CBSA) believes that a foreign national or permanent resident may be inadmissible to Canada—for example due to criminality, organized criminality, misrepresentation, security concerns, or other grounds—the case may be referred to the Immigration Division (ID) for an admissibility hearing.

We assist in preparing a strong defence and representing you during the hearing process.

Detention Reviews

Individuals who are detained by immigration authorities may have their detention reviewed by the Immigration Division (ID) of the IRB. 

These hearings determine whether continued detention is justified or whether the individual may be released under certain conditions.

Procedural Fairness Concerns and Credibility Issues

Immigration decisions must be made fairly and based on a proper assessment of the evidence. 

In some cases, decisions may be challenged where procedural fairness concerns arise or where important evidence was not properly considered.


Hearing Preparation and Representation 

Immigration appeals and hearings require detailed preparation and careful presentation of evidence. We provide comprehensive support, including: 

  • Reviewing refusal letters or enforcement decisions 
  • Assessing eligibility for an appeal or hearing 
  • Preparing appeal records and supporting documentation 
  • Drafting legal submissions and written arguments 
  • Preparing clients for testimony and questioning 
  • Representation before the appropriate division of the Immigration and Refugee Board

Getting 

Started 

with Us 


Immigration appeals and hearings are often complex and time-sensitive, and the outcome can significantly affect your ability to remain in Canada or reunite with family members.

At MGiaccari Immigration Consulting, we work closely with our clients to review the decision being challenged, explain the available legal options, and develop a strategy tailored to their circumstances. Our goal is to present a clear and well-supported case while guiding you through every step of the process.

Contact our office to schedule a consultation.