Updated on August 19, 2026 by canadian immigration experts
Quick answer
If the Immigration Appeal Division can hear your case, appeal there: it is a fresh hearing, new evidence is allowed, and humanitarian considerations count. If section 64 of IRPA takes that right away, the only route is judicial review at the Federal Court, which cannot substitute its own decision.
We act for clients across Etobicoke — Islington-City Centre, Rexdale, The Kingsway and Humber Bay — from our North York office at 1110 Finch Ave W #406. Hearings are frequently held by videoconference, so your deadline matters far more than the distance to the tribunal.
Should your case go to the IAD or the Federal Court?
It depends on whether you have a statutory right of appeal. The Immigration Appeal Division (IAD) of the Immigration and Refugee Board hears three categories under section 63 of IRPA: refused family-class sponsorships, removal order appeals by permanent residents, protected persons and holders of a permanent resident visa, and residency obligation appeals. If your refusal is on that list you appeal; if not, you apply to the Federal Court for leave and judicial review.
The difference is substantive. An IAD hearing is de novo: the member hears the case fresh and can consider evidence the officer never saw. Judicial review asks a narrower question — was the decision reasonable, following Canada (MCI) v Vavilov, 2019 SCC 65, or procedurally unfair. Our overview of Immigration Appeal Division appeals sets out the sequence.
Which Etobicoke cases most often carry appeal rights?
Two kinds dominate: residency obligation cases and family-class sponsorship refusals. Permanent residents who spend long stretches abroad are examined on return through Pearson, and a finding that the 730-days-in-5-years obligation under section 28 of IRPA is not met can be appealed. A residency obligation appeal turns on humanitarian grounds far more often than on arithmetic.
On the sponsorship side, Etobicoke has long-established Eastern European, Ukrainian and Somali communities, and relationships formed abroad draw close scrutiny of genuineness under section 4 of the Immigration and Refugee Protection Regulations. Our team serves clients in English, Russian, Arabic and Spanish, and the Board provides interpreters free of charge, so a Ukrainian- or Somali-speaking appellant testifies in their own language. See also spousal sponsorship refusal appeal.
What does section 64 of IRPA cut off?
Section 64 removes the IAD appeal right for a foreign national found inadmissible on serious criminality punished by six months or more of imprisonment, organised criminality, security, or human or international rights violations. The route is judicial review at the Federal Court instead.
That remedy is narrower. The Court does not decide the immigration question: an unreasonable or unfair decision is quashed and sent back, usually to a different officer. Leave must be granted first, and leave is granted in a minority of cases. Our IAD appeal lawyer in Toronto page covers both tracks.
| Feature | IAD appeal | Judicial review |
|---|---|---|
| Deadline to file | 30 days from the decision | 15 days in Canada, 60 abroad |
| Leave required | No | Yes |
| New evidence | Yes, the hearing is de novo | No, narrow exceptions only |
| Humanitarian relief | Yes, section 67(1)(c) IRPA | Not a ground of review |
| Outcome | Allowed, dismissed, or a stay | Quashed and sent back |
| Forum | IRB, 74 Victoria Street, Toronto | Federal Court, 180 Queen Street West |
How long do you have to file?
You have 30 days from receiving the written decision to file a Notice of Appeal with the IAD, and 60 days where the residency obligation decision was made abroad. Judicial review is filed within 15 days if the matter arose in Canada, 60 days if abroad, under section 72(2)(b) of IRPA. Missing the date is one of the most common ways a strong case is lost, and late filing is not routinely excused.
| Step | Stage | What it involves |
|---|---|---|
| 1 | Notice of Appeal filed | Within 30 days of the written refusal |
| 2 | Appeal record | The visa office file goes to the parties |
| 3 | ADR conference | Resolves many appeals without a hearing |
| 4 | Hearing, then decision | De novo; allowed, dismissed, or a stay under section 68 |
An inland sponsorship carries no IAD appeal, one reason the filing choice matters long before a refusal arrives. The trade-off is set out in appealing a refusal of a sponsorship application.
Do you have to travel to 74 Victoria Street for the hearing?
Often not. The IAD sits at the Board’s Toronto regional office, 74 Victoria Street, but hearings are frequently held by videoconference and pre-hearing steps are in writing.
We do not have an Etobicoke office. Clients from The Kingsway, Humber Bay or Rexdale meet us in North York when that helps, like those using our immigration appeal lawyer in Vaughan, spousal sponsorship lawyer in Scarborough and Federal Court litigation in downtown Toronto pages.
Refused, and the clock is running?
Bring the refusal letter and the email or envelope it came in. The date you received it sets your deadline, and that is what we check first.
Frequently asked questions
My outland sponsorship was refused. Do I appeal or go to Federal Court?
An outland family-class refusal carries a right of appeal to the IAD, filed within 30 days. An inland refusal does not, so the route is judicial review.
Can I file evidence the visa officer never saw?
Yes, at the IAD. The hearing is de novo, so updated proof of the relationship, financial records and witness testimony are admissible. Judicial review is decided on the officer’s record.
I live in Rexdale. Do I have to travel downtown for my hearing?
Often not. IAD hearings are frequently held by videoconference and written steps are filed electronically. An in-person hearing is held at 74 Victoria Street in Toronto.
Do I have to arrange my own interpreter?
No. The Immigration and Refugee Board provides interpreters free of charge for hearings, including Ukrainian, Somali and Russian. Tell the Board which language you need ahead of the hearing.
Does a criminal conviction always end my appeal rights?
No. Section 64 of IRPA removes the appeal right for serious criminality punished by six months or more of imprisonment, and for organised criminality, security and human rights violations. Below that threshold an appeal may survive, so the sentence imposed needs checking.
Disclaimer: This article is general information about Canadian immigration law and procedure, current as of 2026. It is not legal advice and no solicitor-client or representative-client relationship is created by reading it. Deadlines and requirements change, and the right remedy depends on the facts of your file. Speak to a qualified immigration professional about your own circumstances before acting. Jane Katkova & Associates has advised clients on Canadian immigration matters since 1995.
