Appeals

Mastering the Maze of Immigration Appeals in Canada

Navigating the world of immigration can be intricate, and sometimes things might not go as planned. Whether you’ve faced a refusal on your initial application or are seeking to challenge a decision, understanding the appeal process is essential. In this guide, we’ll delve deep into the core areas of immigration appeals in Canada.

Immigration Appeal Division (IAD) Hearings

The IAD is a crucial arm of the Immigration and Refugee Board of Canada. If you've had a sponsorship application refused, a removal order against you, or other specific immigration-related decisions, the IAD is where you'd turn to. These hearings allow applicants to present new evidence and make a case for the decision to be overturned. Tip: Prepare thoroughly, and consider getting professional assistance to represent you during the IAD hearings for optimal outcomes.

Refugee Appeal Division (RAD) Applications

If you've made a refugee claim and it's been denied, the RAD is your next step. Here, you have a chance to challenge the decision of the Refugee Protection Division (RPD). The RAD will consider your appeal, review the RPD's decision, and any new evidence provided. Remember: Timing is crucial. Ensure you submit your RAD application within the stipulated deadline.

Applications for Judicial Review

Not satisfied with the decision from IRCC, the IAD or the RAD? The Federal Court offers an avenue for judicial review. While not precisely an appeal, this process involves the Court reviewing the legality, reasonableness, and fairness of the immigration decision, in light of the evidence that was produced at the stage of the initial application. Note: The judicial review process can be technical, and expert legal representation is highly recommended for representation at the Federal Court.

Requests for Reconsideration

In some unique cases, if there are compelling reasons based on new facts or errors in the initial decision, you can ask an immigration officer to reconsider the decision. However, this isn't a formal right, and success often depends on the strength and relevance of the new information. Strategy: Ensure that your reasons for reconsideration are compelling and point out a clear error on IRCC’s part.

Mandamus Applications

When there's an unreasonable delay in your immigration process, a mandamus application might be your best course of action. This legal action essentially asks the Court to compel an immigration officer or IRCC to make a decision on your application. Key Point: Mandamus applications are a last-resort measure, used when all other avenues to expedite the process have been exhausted. But, they can be very effective.

Navigating the intricacies of immigration appeals requires not only understanding but also a strategic approach. At Hummel Law, we pride ourselves on our expertise in immigration appeal services. Our dedicated team is equipped to guide you at every turn, from understanding the nuances of each appeal process to representing you effectively during hearings and reviews. With Hummel Law by your side, you're not just getting legal assistance; you're gaining a partner committed to seeing your immigration aspirations realized. Let us journey with you, turning challenges into opportunities, and ensuring your voice is heard and your case stands its best chance.

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We strive to ensure that our client’s immigration needs are promptly met. With a special focus on litigation, and solving complex immigration problems with creativity and efficiency, we endeavour to ensure that our clients can make the most of the immigration programs and resources available. We will not stop until your immigration goals are achieved.