Immigration Appeal & Refugee Appeal Process in Canada: What You Need to Know in 2025

 

Immigrating to Canada is a dream for many, but the process is not always straightforward. Applications may be refused, permanent residents may face removal orders, and refugee claimants may have their claims denied. Fortunately, Canada offers a structured system for challenging such decisions through the Immigration Appeal Division (IAD) and the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada (IRB).

At New Jain Immigration, we help individuals and families understand the appeal process, prepare strong cases, and pursue their right to stay in Canada. This guide explains everything about Immigration Appeal Division rules, IAD appeal processing time, refugee appeal processing time, and how the RAD appeal process works.

Immigration Appeal Division (IAD) Canada

The Immigration Appeal Division (IAD) is part of the Immigration and Refugee Board of Canada. It hears appeals on immigration-related decisions made by Immigration, Refugees and Citizenship Canada (IRCC), Canada Border Services Agency (CBSA), and visa officers abroad.

You may be able to appeal to the IAD if:

  • A sponsorship application for a family member was refused.
  • You are a permanent resident issued a removal order.
  • You are a permanent resident found not to have met the residency obligation.
  • You are a protected person or Convention refugee facing removal.

The IAD provides applicants an opportunity to challenge the decision, present evidence, and explain humanitarian and compassionate grounds for remaining in Canada.

Immigration Appeal Division Rules

The Immigration Appeal Division rules set out the procedures for filing and presenting an appeal. Some key rules include:

  1. Time Limit to File: Most appeals must be filed within 30 days of receiving the refusal or removal order decision.
  2. Notice of Appeal: The appellant must submit a written Notice of Appeal to the IAD, stating the reason for the challenge.
  3. Disclosure of Evidence: Both the appellant and the Minister’s counsel (representing the government) must exchange evidence before the hearing.
  4. Hearing: Appeals may be heard in person, virtually, or on paper, depending on the case.
  5. Decision: The IAD can allow the appeal, dismiss it, or stay the removal order on conditions.

IAD Appeal Processing Time

The IAD appeal processing time varies depending on the complexity of the case and the caseload of the board. On average:

  • Family sponsorship appeals may take 12 to 18 months.
  • Residency obligation appeals may take 6 to 12 months.
  • Removal order appeals may take longer, depending on circumstances.

Delays can occur if more evidence is required, witnesses are called, or adjournments are requested. Having strong representation ensures faster resolution.

Refugee Appeal Division (RAD) Canada

The Refugee Appeal Division (RAD) is another important branch of the IRB. It hears appeals from individuals whose refugee protection claims were rejected by the Refugee Protection Division (RPD).

The RAD provides an opportunity for refugee claimants to seek a review of the decision and, in some cases, to present new evidence.

Refugee Appeal Division Rules

The Refugee Appeal Division rules govern how appeals must be filed and processed. Key rules include:

  1. Time Limit to File: Refugee claimants must file a Notice of Appeal within 15 days of receiving their negative decision from the RPD.
  2. Appeal Record: The RPD provides an appeal record, including the decision and evidence presented in the original hearing.
  3. Written Submissions: In most cases, the appeal is decided based on written submissions rather than a new oral hearing.
  4. New Evidence: Appellants may submit new evidence, but it must be relevant, material, and could not have been reasonably provided at the original hearing.
  5. Decision: The RAD can confirm the RPD decision, overturn it, or send it back for reconsideration.

Refugee Appeal Division Decisions

The Refugee Appeal Division decisions vary depending on the strength of the case. Possible outcomes include:

  • Appeal Allowed: The RAD grants refugee protection to the claimant.
  • Appeal Dismissed: The RAD agrees with the RPD’s decision and denies the appeal.
  • Referred Back: The case is sent back to the RPD for a new hearing.

Decisions are based on Canadian refugee law, international human rights obligations, and the specific evidence provided.

Refugee Appeal Processing Time

The refugee appeal processing time is generally shorter than IAD appeals. On average:

  • RAD appeals take 4 to 6 months to be decided.
  • Some urgent cases (e.g., involving children, detention, or medical issues) may be prioritized.

The RAD aims to provide timely decisions because refugee claimants often face significant risks if removed to their home countries.

RAD Appeal Process

The RAD appeal process includes the following steps:

  1. Filing a Notice of Appeal within 15 days of receiving the RPD decision.
  2. Submitting Written Arguments within 30 days of filing the notice.
  3. Review by a RAD Member, who assesses whether the RPD made an error in law, fact, or procedure.
  4. Consideration of New Evidence, if applicable.
  5. Final Decision – The RAD may allow, dismiss, or refer the case back to the RPD.

Because most appeals are decided on paper, well-prepared submissions are critical for success.

Why Legal Representation Matters

Both Immigration Appeals (IAD) and Refugee Appeals (RAD) involve complex rules, strict timelines, and detailed evidence requirements. Having experienced immigration counsel ensures:

  • Proper preparation of the Notice of Appeal.
  • Strong legal arguments backed by evidence.
  • Timely disclosure and procedural compliance.
  • Advocacy during hearings or written submissions.

At New Jain Immigration, we help clients navigate these challenges to maximize their chances of success.

Conclusion

The Immigration Appeal Division Canada and the Refugee Appeal Division Canada are critical pathways for individuals seeking fairness, justice, and protection. Whether you’re challenging a family sponsorship refusal, a removal order, or a refugee claim denial, understanding the IAD and RAD appeal process is essential.

While the IAD appeal processing time and refugee appeal processing time may vary, timely action and strong representation can make all the difference.

At New Jain Immigration, we stand by our clients every step of the way—filing appeals, preparing arguments, and ensuring their voices are heard.

Office Address:

23 Westmore Dr Unit 410, Etobicoke, On M9V 3Y6, Canada.

www.newjainimmigrationservices.ca

+1 (647) 676-1982

jaijainimmconsult@gmail.com


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