IMMIGRATION GUIDE
Some immigration decisions can be appealed to the Immigration Appeal Division — but the deadline is short, and missing it usually ends the appeal. Know which remedy fits your decision.
PLAIN-LANGUAGE OVERVIEW
The Immigration Appeal Division (IAD) of the Immigration and Refugee Board hears appeals of sponsorship refusals, removal orders, and residency-obligation findings. A judicial review in the Federal Court is a different remedy: it examines whether a decision was legally reasonable, rather than re-deciding the case on its merits. Choosing the wrong remedy — or missing the deadline — can close your options.
These are key factors, not a complete eligibility test. Check the current official instructions and your individual circumstances before applying.
You generally have 30 days from the date the refusal letter or removal order was received to file your Notice of Appeal with the IAD. Keep your contact information current — the IAD can dismiss an appeal if you do not respond to its communications.
The IAD hears sponsorship appeals, appeals of removal orders, and residency-obligation appeals. Not every immigration refusal has an appeal right — some decisions can only be addressed by judicial review or reconsideration.
To start a sponsorship appeal, you file a completed Notice of Appeal with a copy of the IRCC refusal letter. For a removal order, you file the Notice of Appeal with a copy of the removal order, at the IRB regional office for your area.
An appeal to the IAD or Refugee Appeal Division re-examines the decision itself. A judicial review asks the Federal Court whether the decision was legally flawed — the court does not substitute its own decision on the facts.
Read the decision letter the day you receive it and confirm the deadline. With 30 days to file, there is no time to lose.
Submit the completed form with the required copy of the decision to the correct IRB office, and keep proof of filing.
Meet the IAD's timelines for disclosure: the appeal record, your supporting documents, and any response to the other side's evidence all have set deadlines.
Organize witnesses and evidence, understand the issues the member will decide, and consider authorized counsel — appeals are complex proceedings.
The exact checklist depends on your route, stage, and circumstances. This list helps prepare the discussion; it does not replace the IAD's requirements.
Eligibility and evidence both matter. The following points deserve attention; this is not an exhaustive list or a prediction of a decision.
The appeal may be dismissed or never accepted. Do not assume an extension will be granted — act within the deadline from the start.
Yes. You may also use unpaid counsel, such as a trusted community member, or hire authorized counsel at your own expense. Given the complexity, many appellants seek professional representation.
An appeal asks a tribunal (IAD or Refugee Appeal Division) to revisit the decision, usually on the record and sometimes with a hearing. Judicial review asks the Federal Court to decide whether the decision was lawful and reasonable — it does not re-decide the facts.
In some appeal types, filing stays the removal order while the appeal proceeds — but this depends on the type of case and current law. Confirm your situation promptly rather than assuming you are protected.
Use these links for current government requirements and application instructions.
Last reviewed: September 2026.
This page provides general information only and is not legal advice. It does not assess your eligibility or guarantee an outcome. A review of your full circumstances and current rules is needed before taking action.
PERSONAL GUIDANCE. PRACTICAL NEXT STEPS.
Discuss your circumstances with Balpreet Singh, RCIC #R525492.