Updated on August 27, 2025 by canadian immigration experts
Whether a family sponsorship application (on behalf of parents or spouses) was refused, or a permanent resident faces a removal order due to not meeting residency obligations, the refusal is not the end. With the proper guidance, you can turn the decision around by appealing the decision to the IAD (Immigration Appeal Division). We have seen countless clients deal with IADs at Jane Katkova and Associates, finding that our strategy for reapplication has proven successful for many. Keeping that in mind, Jane wanted to share a guide that can help your appeal.
The IAD is a specialized tribunal under the Immigration and Refugee Board (IRB) of Canada.
This Board has jurisdiction to hear immigration-related appeals, such as:
- You are a Canadian citizen or permanent resident whose family sponsorship (spouse, common-law partner, parent, or child) was refused.
- You are a permanent resident who has been found inadmissible on specific grounds (e.g., residency obligation breach, criminality under specific circumstances).
- You are a permanent resident or protected person with a removal order and meet the appeal criteria.
Unlike the Federal Court, which deals strictly with legal errors, the IAD can consider humanitarian and compassionate factors, family hardship, and new evidence in the so-called de novo hearing. De novo hearing is not limited to the documents or reasoning used in the original application. It allows the member (the Chair) of the Board to reassess the application from start to finish, considering all the evidence provided, including the original documents submitted with the application, as well as any new evidence, such as additional documents, testimony, and updated circumstances.
The de novo process provides appellants with a fresh opportunity to present their case in full, testify during the hearing, and have witnesses testify on their behalf in front of the Board.
Because of the de novo nature of the hearing, it is essential to prepare for it strategically, to build a strong, well-evidenced and persuasive case from the ground up, to prepare the appellant and witnesses for the testimony, and for the counsel on the case – to argue the case based on the merits of the case, the evidence, the case law, etc. This is critical to keep in mind, as Jane and her associates have come across IAD appeals, that were either incomplete, or subject to refusal, making this opportunity a minor blessing in disguise, as it gives you the chance to reevaluate your application, appeal, and find ways to improve it.
NOTE: Not all refusals can be appealed to the IAD; for example, appeals are not permitted in cases involving serious criminality, if the applicant is inadmissible on security grounds, etc.
Important Timelines
The timelines to appeal are strict:
- Sponsorship Appeals: You must file your appeal within 30 days of receiving the refusal letter.
- Residency Obligation Appeals: The appeal must be filed within 60 days of receiving the removal order
What Happens During the IAD Appeal?
The IAD procedure typically includes:
- Filing the Notice of Appeal to IAD
- Disclosure of documents by the Appellant
- Analyzing the disclosure by the Minister
- Alternative Dispute Resolution (ADR) conference (in some cases)
- Full hearing before a Member of the IAD, where both the Appellant’s Counsel and the Counsel for the Minister (IRCC) present their case
- Decision by the Board
How Can Jane Katkova & Associates Help
At Jane Katkova & Associates, we offer comprehensive support throughout the IAD appeal process, including:
- Strategic assessment of your refusal and whether the IAD is the right avenue for you
- Collection and organization of persuasive evidence
- Presenting the appellant’s disclosure to the Board
- Preparation of the appellant and witnesses for the hearing
- Preparation of legal submissions and case law
- Representation at the hearing/advocacy
What Makes a Strong Representation at the IAD
Representing a client before the IAD is not simply about knowing Canadian immigration law; it is about advocating strategically, persuasively, with a complete understanding of the rules regarding timelines, applicable legal tests, gathering compelling evidence, and the ability to present arguments to the Board, respond effectively to the Minister’s Counsel, etc.
We don’t just file appeals, we build compelling, evidence-based cases that maximize your chances of success.
With over 25 years of experience, Jane has successfully represented numerous clients, from complex family/spousal sponsorship refusal appeals to challenging residency obligation appeals. Jane’s approach combines identifying the strategy and meticulous preparation of the case. Jane is known for her sharp advocacy skills, arguing the case before the Board.
Jane fights for her clients with knowledge, poise, and determination for success that come only with decades of focused immigration practice.
Appeals to Immigration and Refugee Board are always time sensitive, do not wait BOOK A CONSULTATION today to get a realistic roadmap for your case.
