Refusal Cases
A refusal of your application by an immigration officer is not always the end of the line. There is almost always something that can be done to challenge an immigration officer’s decision or to apply for some special relief under our immigration laws. Canadian immigration regime allows for various forms of redress to make sure that you have another opportunity to make your case. You can file an appeal to the Appeal Division of the Immigration and Refugee Board (IAD) if you are:
- a permanent resident of Canada and a deportation order has been issued against.
- If you are a Canadian citizen or permanent resident of Canada and you sponsored a relative which was refused; or
- A permanent resident of Canada and an immigration officer has decided that you have not complied with your residency obligation
The IAD hears cases in a manner similar to a regular court. A member of the board acts as a judge and a hearings officer is appointed by the CBSA to defend the immigration officer’s decision.
You are entitled to be represented by counsel at these hearings. One of the most important powers of the IAD is its ability to make determinations on an “equitable” basis. That means that, in some cases, it can consider humanitarian grounds to overcome the immigration rule or regulation which governs your circumstances.