The Immigration Appeal Division (IAD) hears appeals on refusals in the following immigration matters:
- Spousal Sponsorship;
- Residential Obligation;
- Parentals; and
- Removal Orders.
If one receives a refusal on a Spousal Sponsorship, the applicant has 30 days from the day they received their negative decision to submit a Notice of Appeal to the IAD. If one wishes to appeal a residency refusal, they have 60 days to file their Notice of Appeal.
Once a Notice of Appeal is submitted, your case will be placed in que for a hearing. This can take some time and we highly o encourage you start collecting specific documentation to submit to the IAD as evidence. Please contact us as soon as you receive your refusal in order for us to submit your Notice of Appeal and advise you on the documentation you need to start collecting which is specific to your immigration matter.
We always request the IAD to schedule our clients for a Alternative Dispute Resolution (ADR). An ADR is an informal hearing held between the Appellant and Minister’s Counsel (who represents CIC). Also present is a Dispute Resolution Officer (DRO) to conduct the conference as well as the Appellant’s counsel to assist them in the settlement of the appeal.
There is an opportunity to submit evidence to be examined during the ADR. This should be done ten (10) days prior to the ADR hearing.
An ADR is a mediation sort of hearing whose purpose is to settle the appeal without going to a IAD hearing. If the ADR succeeds, the appeal will not go to the IAD hearing. If unsuccessful, the appeal will proceed to a hearing.
At the IAD hearing, the appellant and applicant will be examined by their own lawyer, the minister’s counsel as well as the member. Evidence should be submitted to the Minister Counsel as well as the IAD twenty (20) days prior to the hearing. The hearing can be half a day (4 hours) long or full day (8 hours) long.
Upon hearing and examining the oral testimonies and documentary evidence, the member will make a decision regarding the decision that was made on your application. The member can allow the appeal and set aside the original decision. The IAD may also grant special relief based on humanitarian and compassionate grounds.
If the IAD denies the appeal, the decision can still be reviewed at the Federal Court.
Please contact Subuhi Siddiqui Immigration Law Firm for your immigration, citizenship or status matter. To set up a consultation, give us a call at (647) 454-9364 or e-mail us at email@example.com.