International Legal Partners

Appeal your Immigration Decision

The Immigration Appeal Division (IAD) hears appeals on immigration-related matters, including sponsorships, removal orders and residency obligations.

To find out how to make an immigration appeal and the broader appeal process, please select the situation that applies to you:

1. I sponsored a family member and their application for permanent residence was refused
2. I received a removal order from the Immigration Division after an admissibility hearing or during an examination by an immigration officer
3. I applied for a permanent resident travel document at an overseas visa office and the application was refused
4. I received a decision from the Immigration Division allowing me to stay in Canada, but I have found out that the Minister has appealed that decision

Refugee Appeals

The RAD is temporarily not requiring signatures on documents and RAD forms submitted in support of an appeal in order to expand the use of electronic communication with the RAD and promote physical distancing.

• Appellant's Record Form pursuant to Rule 3 of the Refugee Appeal Division Rules

The Refugee Appeal Division developed a new form for the purpose of helping appellants to prepare and perfect their appeal in accordance with the Refugee Appeal Division Rules.

• Notice of Appeal Form

The Notice of Appeal Form is required to appeal a final decision of the Refugee Protection Division.

• Checklist for the Appellant's Record Submitted to the RAD

The Checklist Form helps appellants prepare and assemble the necessary documents for the Appellant's Record.

• Notification of Withdrawal of an Appeal

Pursuant to rule 47(2) of the Refugee Appeal Division Rules, if the requirements set out in rule 7 or 13, as the case may be, for deciding an appeal have not been met, an appellant may withdraw an appeal by notifying the Division in writing.

• Affidavit Form

Pursuant to rule 37(4) of the Refugee Appeal Division Rules, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application.

• Application for an Extension of Time to Respond to an Appeal

If you are unable to file your notice of intent to respond and your respondent's record on time, you have to make an application to the RAD for an Extension of Time to File a Response to an Appeal.

• Application for an Extension of Time to File or Perfect an Appeal

If you are unable to file your notice of appeal and your appellant's record on time, you have to make an application to the RAD for an Extension of Time to File or Perfect an Appeal.

Refugee Claims

• Request for Adjudication by the Gender Related Task Force

Claimants and counsel may use the form to request that a claim be reviewed and considered for adjudication by the Gender Related Task Force.

• Request for File-Review Processing

Claimants and counsel may use the Request for File-Review Processing Form to request that a claim be reviewed and considered for potential processing under the file-review process.

• Appointment of a Designated Representative for Accompanied Minors

The Appointment of a Designated Representative for Accompanied Minors Form is to confirm if you agree or refuse to act as a designated representative for your accompanied children of less than 18 years old that are claiming refugee protection.

• Basis of Claim Form

The purpose of the BOC Form is to present your refugee protection claim to the Refugee Protection Division (RPD).

• New Medical Certificate Form for Refugee Claimants before the Refugee Protection Division (RPD)

The Medical Certificate form is available for use by claimants before the RPD who were unable or will be unable, for medical reasons, to attend a hearing or submit a BOC form on time.

• Application to Change the Location of a Proceeding

This application should be completed for requests to have the location of a proceeding changed to an office of the Refugee Protection Division in another city in Canada.

• Notice of Withdrawal of a Claim for Refugee Protection

This form is to notify the Refugee Protection Division of the withdrawal of your claim.

• List of Minister's Documents

The List of Minister's Documents was designed to assist the Minister's representatives to meet the requirements of the Refugee Protection Rules with respect to the submission of documents.

• List of Claimant's Documents

The List of Claimant's Documents was designed to assist claimants or their counsel to meet the requirements of the Refugee Protection Rules with respect to the submission of documents.

Immigration Appeals

• Notice of appeal – removal order appeal

This Notice of Appeal form is required to appeal a removal order received at an admissibility hearing or at an examination.

• Notice of appeal – residency obligation appeal

This Notice of Appeal form is required to appeal a decision made outside of Canada that a permanent resident did not meet their residency obligation.

• Notice of appeal – sponsorship appeal

This Notice of Appeal form is required to appeal the refusal of an application for a permanent resident visa for a sponsored family member.

• Confirmation of Hearing Needs

This Confirmation of Hearing Needs form may be used to inform the IAD of interpreter and witness needs for a hearing.

• Notice of Withdrawal of Appeal

The Notice of Withdrawal form may only be used if no substantive evidence has been accepted in the hearing of the appeal.

Detention reviews

• Application to vary conditions of release

If you believe there is a reason why the conditions of release should be changed or cancelled, you may use this form to make the request.

• Bondsperson Information

The Bondsperson Information form was created to help provide information required at the detention review hearing.

Other

Requests from the Indian Consulate

Procedures and practice notices

While each division of the IRB is responsible for making decisions on different immigration or refugee matters, they all follow an administrative tribunal process similar to what happens in a court, though less formal. The process is flexible and can take many forms so long as it ensures that the IRB makes well-reasoned, efficient and fair decisions. The IRB tribunal process is based on Canadian law, Canada's international obligations and Canada's humanitarian traditions.

• Procedures
• Practice notices

Applicable to all refugee and immigration matters

• Complaints Against Members
• IRB Plan of Action for Efficient Refugee Determination
• Case Management Principles (May 2010)
• Complaints Concerning Interpretation
• Code of Conduct for Interpreters
• Code of Conduct for Members of the Immigration and Refugee Board of Canada (Amended in December 2012 | Amended in April 2019)
• Security Screening Measures Procedures at Immigration and Refugee Board of Canada Controlled Premises (April 2015 | Amended December 2017)
• Reporting a potential security risk in relation to an upcoming IRB proceeding
• Use of Videoconferencing in Proceedings before the Immigration and Refugee Board of Canada

Detention reviews and admissibility hearings

• Admissibility Hearing Process
• Detention Review Process

Refugee claims

• Instructions on how to sign-up to receive documents electronically from the Immigration and Refugee Board of Canada
• Instructions on How to Submit Documents Electronically to the Immigration and Refugee Board of Canada (IRB)
• Procedures for Implementing the Instructions Governing the Streaming of Less Complex Claims at the RPD

POLICY INSTRUMENTS

Policy making in the Immigration and Refugee Board of Canada

The scope and scale of the task the IRB has in adjudicating a diverse range of immigration and refugee matters in four Divisions means that the Board cannot rely solely on the guidance that legislation and judicial decisions provide. The Immigration and Refugee Protection Act and Regulations provide general guidance, but leave much latitude for interpretation. Judicial guidance is also limited: IRB decisions are subject to judicial review by the Federal Court, but only with leave and the judicial review process does not resolve every ambiguity or gap in law or practice. Where it considers advisable, the IRB seeks to fill this gap through mechanisms it has generated to improve the quality of the justice it delivers. Its efforts in this regard constitute policy-making.