APPEALS AND JR IN IRPA

Appeals and Judicial Review Under the Immigration and Refugee Protection Act

We are pleased to offer our services from India to guide you through the processes of appeals and judicial review under the Immigration and Refugee Protection Act. Here’s an overview:

Immigration Appeal Division (IAD)

If you disagree with a negative refugee decision from Immigration, Refugees, and Citizenship Canada (IRCC), you have the option to appeal to the Refugee Appeal Division if you are eligible. The IAD handles appeals related to sponsorships, removal orders, and residency obligations, including cases such as:

• Rejection of sponsorship applications
• Receipt of a removal order
• Rejection of Permanent Resident Visa applications or renewal of Permanent Resident Cards
• Minister’s appeal by Canada, where the Minister of Public Safety appeals an inadmissibility decision

Refugee Appeal Division (RAD)

When the Refugee Protection Division rejects your refugee application, you can challenge the decision before the Refugee Appeal Division. There are specific time limits for filing an appeal. Possible outcomes include:

• Appeal allowed, setting aside the Refugee Protection Division’s order.
• Appeal rejected, confirming the Refugee Protection Division’s order.
• Referring the case back to the Refugee Protection Division for reconsideration.

Alternate Dispute Resolution (ADR)

In certain cases before the Refugee Appeal Division, you may participate in an Alternate Dispute Resolution meeting (ADR), aimed at reaching an amicable settlement.

Judicial Review Before the Federal Court of Canada:

• Under Canadian immigration law, you can approach the Federal Court of Canada to review decisions made by the Immigration and Refugee Board (IRB). When your appeal before the Refugee Appeal Division is rejected, you can challenge the decision through a Judicial Review before the Federal Court of Canada.
• Similarly, when a decision allows your appeal, Immigration, Refugee, and Citizenship Canada (IRCC) or the Canadian Border Services Agency (CBSA) may challenge the order via a Judicial Review before the Federal Court of Canada.
• Be aware that specific deadlines apply when seeking a review.

The Federal Court Review Process

The Federal Court review process involves two stages:

• Leave Stage: In this stage, the Court reviews the documents related to your case. You must demonstrate that the decision was unfair, unreasonable, or contained an error. If the Court grants leave, it signifies a commitment to a thorough examination of the decision.
• Judicial Review Stage: This stage allows you to attend a hearing before the Court, where you can articulate why you believe the original IRB decision was incorrect.

We provide support for individuals in India who are navigating these complex processes, helping them seek a fair outcome for their immigration appeals and judicial reviews.