Refugee Claim or Claim for Protection
If you are in Canada and have a well-founded fear of persecution or you are at risk of torture or cruel and unusual punishment or treatment in your country of citizenship or nationality, you can submit a refugee claim or claim for protection at the Refugee Protection Division.
Spousal Sponsorship Appeal
If your application to sponsor your spouse has been refused, you can file an appeal at the Immigration Appeal Division within 30 days of receiving the refusal letter. The Immigration Appeal Division may schedule an Alternative Dispute Resolution Conference in order to settle the case before a hearing. If not, the case will be scheduled for a full hearing. You will need to testify at this hearing and will need to submit strong documentation to demonstrate the genuineness of your relationship.
Family Sponsorship Appeal
If your application to sponsor a family member has been refused, you may file an appeal at the Immigration Appeal Division. You will need to provide evidence that the refusal is not valid in law, or provide humanitarian and compassionate reasons as to why your family member should be allowed to enter Canada.
Residency Obligation Appeal
If the renewal of your Permanent Resident Card has been refused or if the issuance of your Travel Document has been denied due to a finding that you have lost your permanent residence status, you may file an appeal at the Immigration Appeal Division. You will need to demonstrate at the hearing that you either met the residence requirement, or to explain why you did not meet your residency requirement and provide humanitarian reasons to allow you to maintain your status.
If you are a foreign national or a Permanent Resident of Canada and have breached immigration rules and regulations, you may be required to appear for an admissibility hearing at the Immigration Division to determine whether the allegations against you are correct. If so, the Board Member will issue a removal order against you, which you can appeal at the Immigration Appeal Division.
Removal Order Appeal
If you are a Permanent Resident of Canada and you have been ordered remove due to criminality, security, misrepresentation or other reasons, you will likely have the right of appeal of this decision to the Immigration Appeal Division. These cases can involve complex legal issues as well as humanitarian grounds.
If you are a foreign national or a Permanent Resident of Canada and you have breached immigration rules and regulations, you may be detained in an immigration holding centre. After your detention, you will be entitled to a detention review within 48 hours at the detention centre. If you are not released, you will be entitled to a seven day detention review and once a month going forward if you are not released.
At a detention review, you will need to demonstrate that you are not a flight risk in order to be released. The Board Member and Canada Border Services Agency might also require that you have bondsperson in order to release you.