The formal place that immigration appeals are made is the Federal Court of Canada. Most people choose to be represented by a lawyer at Federal Court.
A typical case would be a skilled worker or business (investor, entrepreneur, self-employed) immigration applicant who goes to the interview at the Canadian Consulate or Embassy overseas, meets with a visa officer and fails the interview.
The informal place that immigration appeals are made is the Immigration Appeal Division (“IAD”). Most people choose to be represented by a lawyer at IAD.
The IAD is a tribunal. This is an informal type of court where there is no judge but a “member” (“Member”) who acts as an informal judge and makes the decision. The Member is not required to be a lawyer. The rules, procedure and atmosphere are more informal.
The most typical cases that go to IAD for appeal are a rejected application for sponsorship of a spouse, parent or child. Other cases that go to IAD for appeal also include a rejected PR Card application and having a hearing to determine if someone will be allowed to remain in Canada due to criminal issues.
Brian Edward Tadayoshi Tsuji
Canadian Immigration Lawyer
2800 Park Place
666 Burrard Street
Vancouver, British Columbia, Canada, V6C 2Z7
Tel:(604) 643-6496 Fax:(604) 605-3596