Appeals – Canadian Immigration

Appeals

Immigration Appeals & Representation

Navigating immigration challenges in Canada can be overwhelming, especially if you face issues related to inadmissibility, permanent residency, or sponsorship refusals. Our team at Fourway Immigration Services assists in every stage of the appeals process, ensuring your rights are represented and your case receives a fair review.

Admissibility Interview with CBSA

An admissibility interview is often the first step when you are suspected of breaching immigration law, overstaying, or having criminal or misrepresentation concerns.

During this meeting, a CBSA officer may:

  • Ask questions about your background and immigration status

  • Review documentation and travel history

  • Determine whether to refer your case to the Immigration Division (ID) for an admissibility hearing

Our consultants help you prepare documentation, clarify immigration records, and attend your interview to ensure your rights are respected during the CBSA investigation.

Admissibility Hearing (ID)

If CBSA believes you have violated the Immigration and Refugee Protection Act (IRPA), your case moves to the Immigration Division (ID) of the IRB for a formal admissibility hearing.

Common reasons include:

  • Criminal convictions or security concerns

  • Misrepresentation on an application

  • Medical or financial inadmissibility

At the hearing, an IRB Member decides whether you can remain in Canada or if a removal order will be issued. Fourway Immigration provides case preparation, legal briefing, and hearing representation to help you present your side effectively.

Admissibility Appeal Hearing (Immigration Appeal Division – IAD)

If you receive a removal order from an ID decision, you may be eligible to appeal before the Immigration Appeal Division (IAD). The IAD reviews immigration decisions based on law, fairness, and humanitarian factors.

You may appeal if:

  • You are a permanent resident or a Canadian sponsor whose relative’s visa was refused.

  • You received a removal order but have strong ties or humanitarian grounds in Canada.

The appeal can result in:

  • The removal order being set aside,

  • The case being sent back to ID for review, or

  • The appeal being dismissed.

Our advisors help gather new evidence — such as family hardship or rehabilitation proof — to strengthen your appeal before the IAD.​

Residency Appeal (Section 28 of IRPA)

Permanent residents must maintain 730 days of physical presence in Canada within a 5-year period under IRPA Section 28. If your Permanent Resident status is revoked for failing to meet this obligation, you can appeal to the IAD.

At this hearing, the IAD can:

  • Reinstate your PR status on humanitarian and compassionate (H&C) grounds,

  • Confirm the loss of status, or

  • Allow voluntary departure with reinstatement rights.

Fourway Immigration prepares your appeal with supporting documents such as employment, family, or medical evidence showing genuine reasons for absence.​

Parents and Grandparents Sponsorship Appeal

If your Parents or Grandparents Sponsorship application is refused by IRCC, you have the right to appeal to the IAD.

Common refusal reasons include:

  • Financial ineligibility of the sponsor

  • Misrepresentation or incomplete documentation

  • Medical inadmissibility of the applicant

We help sponsors compile evidence of financial capacity, medical reassessment, and proof of genuine intent to support family reunification in Canada.​

Spousal Sponsorship Appeal

If your spousal sponsorship is refused, the IAD allows sponsors to appeal based on evidence of a genuine relationship and procedural fairness.

You may appeal if:

  • The relationship was found to be non-genuine, or

  • IRCC doubted the marriage’s authenticity.

During the hearing, the IAD considers new evidence, joint documents, and testimony to determine the credibility of your relationship. We help you organize your appeal package and represent your case effectively before the Board.

Why Trust Fourway Immigration for Appeals?

  • Extensive experience representing clients before the IRB and IAD

  • Strategic assessment of case merits and appeal timelines

  • Support gathering evidence and preparing persuasive submissions

  • Compassionate representation focused on achieving fair outcomes

Facing an appeal? Let Fourway Immigration Services guide you with professional insight and robust advocacy at every step.

Frequently Asked Questions (FAQs)

You must file a Notice of Appeal within 15 days after receiving a written IRB or IRCC decision. The full appellant’s record, including evidence, must be submitted within 30 days.​

Not everyone is eligible. You cannot appeal if you are a designated foreign national, had a claim declared unfounded, or entered through the U.S. Safe Third Country process.

If your IAD appeal is rejected, you may apply for Judicial Review in the Federal Court within 15 days. A successful review may lead to a re-hearing or reversal.

Yes, appeals are complex and involve strict timelines. It is crucial to work with authorized immigration professionals for document preparation, appeal strategy, and representation before IRB or IAD.

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  • Monday to Friday: 9.00 AM – 5.00 PM
  • Saturday: 10.00 AM – 2.00 PM
  • Sunday: Closed

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