If you’ve received an immigration decision that you believe is incorrect or unjust, you may have the option to appeal the decision. Here’s a general guide on how to appeal your immigration decision in Canada:
- Understand the Decision: Carefully review the decision letter or notification you received from Immigration, Refugees and Citizenship Canada (IRCC) or the Immigration and Refugee Board of Canada (IRB). Make sure you understand the reasons for the decision and the options available to you for appeal.
- Determine Eligibility: Not all immigration decisions can be appealed. The eligibility criteria for appealing a decision vary depending on the type of decision and the immigration program or process involved. For example, you may be eligible to appeal if you’ve been refused permanent residence, sponsorship, or a visa extension.
- Identify the Appropriate Appeal Body: Depending on the nature of the decision, you may need to appeal to different bodies:
- Immigration Appeal Division (IAD): Handles appeals related to sponsorship, removal orders, residency obligations, and certain immigration admissibility decisions.
- Immigration Division (ID): Deals with detention reviews and admissibility hearings for certain immigration matters.
- Immigration and Refugee Board (IRB): Oversees refugee claims, appeals related to refugee protection, and immigration detention reviews.
- Review Appeal Deadlines: It’s crucial to be aware of the deadline for filing an appeal. Missing the deadline could result in your appeal being dismissed. The appeal deadline is typically specified in the decision letter or notification you received.
- Gather Supporting Documents: Collect any relevant documents or evidence that support your appeal. This may include additional documentation, affidavits, witness statements, or expert opinions.
- Complete Appeal Forms: Obtain the appropriate appeal forms from the relevant appeal body’s website or office. Fill out the forms accurately and completely, providing all requested information and supporting documentation.
- Submit Your Appeal: Follow the instructions provided by the appeal body for submitting your appeal. This may involve mailing the completed forms and supporting documents to the designated address or submitting them electronically through an online portal.
- Attend Appeal Hearings: If your appeal involves a hearing, make sure to attend the scheduled hearing date. Present your case clearly and concisely, and be prepared to answer questions from the adjudicator or panel.
- Await the Appeal Decision: After the appeal hearing, the appeal body will review the evidence and render a decision. This decision will be communicated to you in writing.
- Consider Further Options: If you disagree with the outcome of the appeal, you may have further options for recourse, such as judicial review or reconsideration.
It’s essential to seek guidance from an immigration lawyer or accredited representative if you’re unsure about the appeal process or need assistance with preparing your appeal. They can provide personalized advice and support based on your specific circumstances.