APPEALS

Most immigration applications are assessed by human officers. During the decision-making process, factors such as workload, fatigue, or unconscious bias can influence outcomes. While human error is sometimes unavoidable, a refusal can have serious, life-altering consequences for an applicant. When an applicant firmly believes that a refusal was incorrect or unfair, appealing the decision may be the appropriate course of action.

Depending on the type of application and the applicant’s location, appeals may be filed through one of the following avenues:

Immigration Appeal Division (IAD): The IAD operates under the Immigration and Refugee Board (IRB) and handles appeals related to family sponsorships, residency obligation determinations, and removal orders.
Refugee Appeal Division (RAD): Applicants whose claims have been refused by the Refugee Protection Division (RPD) may appeal to the RAD. These appeals may be decided through written submissions or oral hearings, depending on the complexity of the case and the supporting evidence.
Federal Court (Judicial Review): When a visa officer issues a negative decision, the applicant may seek a judicial review before the Federal Court. In these cases, the applicant and their legal counsel must demonstrate that the officer made an error in law, failed to consider relevant evidence, or acted in an unfair manner.

For temporary resident applications, judicial review is often the only formal appeal option available, aside from requesting reconsideration or submitting a new application, when the refusal is believed to be incorrect.

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