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How long does Immigration Appeal take in Canada?

Once the appeal hearing is held, the judge may make an oral decision immediately at the end, but usually, the judge will reserve his or her decision, write it down, and mail it out later. If the judge issues a written decision, this will usually take about one month but maybe longer, depending on the workload of the particular judge. Again, an Immigration Appeal Lawyer will help you with the process. You can reach out to your Immigration Appeal Lawyer in Toronto. Altogether an appeal before the Immigration Appeal Division is likely to take between six months and two years.

What are the chances of winning an Immigration Appeal in Canada?

Few file an appeal. Only 35,000 to 40,000 – less than 20% – keep fighting to stay in the United States with their wife and children. Of the 35,000 to 40,000 who decide to fight the immigration court decision. Only 10% win their appeals. 

A refused Canadian immigration application can be appealed to the Immigration Appeal Division (IAD) by an Immigration Appeals Lawyer. The IAD hears sponsorship appeals, residency appeals and removal order (deportation) appeals involving permanent residents and Canadian citizenship. In addition, an application for what is referred to as 'leave' must be made to the IAD. The application for leave takes about three to six months.

Your case will be addressed through a hearing if the application is approved. If your application is refused, you may be able to request a 'reconsideration.'

Any refusal on immigration matters may be appealed to a Canadian court, such as the Federal Court of Canada. You require the assistance of a immigration lawyer for such appeals.

What happens after Canada Immigration Appeal is allowed?

Persons who have received a removal order and are permanent residents or permanent resident visa holders may appeal their removal to the Immigration Appeal Division. Convention Refugees or Protected Persons may also seek a removal order appeal. Appeals must be filed 30 days after receipt of the removal order. The Minister or the Immigration Division must then provide the Record within 45 days of a request from the Immigration Appeal Division. Again, the Immigration Appeal division may suggest that the appeal proceeds by Alternative Dispute Resolution. However, this is rare and generally not applicable for removal order appeals, but early resolution mechanisms exist. At our law firm, we examine its case in detail to determine the best appellate remedy. Where a hearing is scheduled at the Immigration Appeal Division, a decision will be made to allow or dismiss the appeal. If the appeal is allowed, the removal order will be cancelled, and the person will be allowed to remain in Canada. If the appeal stays, the removal is temporarily on hold, and the person will be allowed to remain in Canada under certain specified conditions for some time. The appeal will then be reconsidered at the end of this period of time by the Immigration Appeal Division. At that time, the Division may decide to allow the appeal, continue the stay or dismiss the appeal. If the appeal is denied, the person is removable from Canada at any time.

What are the types of Immigration Appeals?

  • Sponsorship appeal.
  • Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division.
  • Residency obligation appeal.
  • Minister's appeal of an ID decision.


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