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APPEAL RIGHTS

 

The formal place that immigration appeals are made is the Federal Court of Canada. Most people choose to be represented by a lawyer at Federal Court.

 

A typical case would be a skilled worker or business (investor, entrepreneur, self-employed) immigration applicant who goes to the interview at the Canadian Consulate or Embassy overseas, meets with a visa officer and fails the interview.

 

The informal place that immigration appeals are made is the Immigration Appeal Division (“IAD”). Most people choose to be represented by a lawyer or an immigration consultant at IAD.

 

The IAD is a tribunal. This is an informal type of court where there is no judge but a “member” (“Member”) who acts as an informal judge and makes the decision. The Member is not required to be a lawyer. The rules, procedure and atmosphere are more informal.

 

The most typical cases that go to IAD for appeal are a rejected application for sponsorship of a spouse, parent or child. Other cases that go to IAD for appeal also include a rejected PR Card application and having a hearing to determine if someone will be allowed to remain in Canada due to criminal issues.