OA Clarke Immigration Services Inc.
Appeals & Hearings Guide
Appeals and Hearings Before the IRB
- Refugee Appeal Division (RAD): Reviews appeals when the Refugee Protection Division (RPD) rejects a refugee protection claim.
- Immigration Appeal Division (IAD): Handles appeals regarding family sponsorship refusals, removal orders, and residency obligation decisions.
| IRB Division | Filing & Perfection Deadlines | Review Format | Appeallable Decisions & Scope |
|---|---|---|---|
| Refugee Appeal Division (RAD) |
15 Days: Notice of Appeal 45 Days: Appellant’s Record |
Paper-based review (written submissions & new evidence) | Refugee Protection Division (RPD) rejections. |
| Immigration Appeal Division (IAD) | 30 Days: Notice of Appeal from decision receipt | ADR informal resolution & full oral hearings | Sponsorship refusals, PR residency obligation breaches & removal orders. |
- Filing the Appeal: File a Notice of Appeal within 15 days of receiving the written RPD decision.
- Perfecting the Appeal: Submit your Appellant’s Record (supporting evidence and legal arguments) within 45 days of receiving that decision.
- Paper-Based Review: Most RAD appeals are decided on written submissions without an oral hearing unless specific new evidence requires one.
- Possible Outcomes: The RAD can confirm the decision, substitute a positive decision, or refer the case back to the RPD for a new hearing.
- Filing Deadline: File a Notice of Appeal within 30 days of receiving an immigration refusal or removal order.
- Informal Resolution: Many cases enter Alternative Dispute Resolution (ADR), an informal meeting aimed at resolving the appeal without a full hearing.
- Full Oral Hearing: If ADR does not resolve the appeal, a formal hearing is scheduled to present evidence, witness testimony, or humanitarian and compassionate grounds.