Alberta - How to Appeal your Immigration Decision

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Procedure

Apply In-Person (Removal order appeal)

1. To appeal the immigration decision, the applicant has to contact the Immigration and Refugee Board of Canada. Here is the contact Link
2. The applicant will need to fill out an application form. Click on the following link to download the application form Link. The applicant will need to select the city closest to their province for the application form.
3. The applicant will need to submit the application form within 30 days of receiving the removal order.
4. Fill out the application form with all the relevant details.
5. The applicant will need to attach a copy of the removal order with the application form.
6. Submit the application form in person to the address mentioned at the bottom of the application form.
7. Once submitted, the applicant shall receive an appeal record within 45 days from the submission of the application.
8. An Immigration Appeal Division (IAD) officer will contact the applicant before or after receiving the appeal record to determine if the applicant needs to attend an oral hearing.
9. The applicant may need to attend an alternate dispute resolution. Find further information under the “Instructions” section of this page.
10. If the applicant’s appeal needs a hearing, the applicant will receive a notice to go for a scheduling conference where the IAD officer will tell the applicant what to expect.
11. The applicant will need to prepare for the hearing with documents, witness information and interpretation needs. Find further information under the “Information which might help” section of this page.
12. To find out what happens after a decision is made, click on the following Link

Apply by Mail (Removal order appeal)

1. To appeal the immigration decision, the applicant has to contact the Immigration and Refugee Board of Canada. Here is the contact Link
2. The applicant will need to fill out an application form. Click on the following link to download the application form: Link The applicant will need to select the city closest to their province for the application form.
3. The applicant will need to submit the application form within 30 days after receiving the removal order.
4. Fill out the application form with all the relevant details.
5. The applicant will need to attach a copy of the removal order with the application form.
6. Submit the application form by mail to the address mentioned at the bottom of the application form.
7. Once submitted, the applicant shall receive an appeal record within 45 days from the submission of the application.
8. An Immigration Appeal Division (IAD) officer will contact the applicant before or after receiving the appeal record to determine if the applicant needs to attend an oral hearing.
9. The applicant may need to attend an alternate dispute resolution. Find further information under the “Instructions” section of this page.
10. If the applicant’s appeal needs a hearing, the applicant will receive a notice to go for a scheduling conference where the IAD officer will tell the applicant what to expect.
11. The applicant will need to prepare for the hearing with documents, witness information and interpretation needs. Find further information under the “Information which might help” section of this page.
12. To find out what happens after a decision is made, click on the following Link

Apply In-Person (Responding to an appeal)

1. If the applicant wants to respond to an appeal, the applicant can contact the Immigration and Refugee Board of Canada. Here is the contact Link
2. The applicant will receive a notice of appeal from the minister. The applicant will also receive a letter from the IAD requesting the applicant’s contact information.
3. The applicant and the IAD will receive an appeal record. The applicant will also receive a notice to appear for a scheduling conference where the IAD officer will tell the applicant what to expect.
4. The applicant will need to prepare for the hearing with documents, witness information and interpretation needs. Find further information under the “Information which might help” section of this page.
5. To find out what happens after a decision is made, click on the following Link

Apply In-Person (Residency obligation appeal)

1. If the applicant wants to Appeal their Immigration Decision, the applicant can contact the Immigration and Refugee Board of Canada. Here is the contact Link
2. The applicant will need to fill out an application form for each family member affected by the decision. Click on the following link to download the application form Link
3. The applicant will need to submit the application form within 60 days after receiving the refusal order.
4. Fill out the application form with all the relevant details.
5. The applicant will need to attach two copies of the decision from the overseas visa office with the application form.
6. Submit the application form in-person to the address mentioned under the “Office Locations and Contacts” section of this page. (The applicant will need to submit the application form to the address nearest to the province they lived in)
7. Once submitted, the applicant shall receive an appeal record within 45 days from the submission of the application.
8. An Immigration Appeal Division (IAD) officer will contact the applicant before or after receiving the appeal record to determine if the applicant needs to attend an oral hearing.
9. The applicant may need to attend an alternate dispute resolution. Find further information under the “Instructions” section of this page.
10. If the applicant’s appeal needs a hearing, the applicant will receive a notice to go for a scheduling conference where the IAD officer will tell the applicant what to expect.
11. The applicant will need to prepare for the hearing with documents, witness information and interpretation needs. Find further information under the “Information which might help” section of this page.
12. To find out what happens after a decision is made, click on the following Link

Apply by Mail (Residency obligation appeal)

1. If the applicant wants to How to Appeal their Immigration Decision, the applicant can contact the Immigration and Refugee Board of Canada. Here is the contact Link
2. The applicant will need to fill out an application form for each family member affected by the decision. Click on the following link to download the application form Link
3. The applicant will need to submit the application form within 60 days after receiving the refusal order.
4. Fill out the application form with all the relevant details.
5. The applicant will need to attach two copies of the decision from the overseas visa office with the application form.
6. Submit the application form by mail to the address mentioned under the “Office Locations and Contacts” section of this page. (The applicant will need to submit the application form to the address nearest to the province they lived in)
7. Once submitted, the applicant shall receive an appeal record within 45 days from the submission of the application.
8. An Immigration Appeal Division (IAD) officer will contact the applicant before or after receiving the appeal record to determine if the applicant needs to attend an oral hearing.
9. The applicant may need to attend an alternate dispute resolution. Find further information under the “Instructions” section of this page.
10. If the applicant’s appeal needs a hearing, the applicant will receive a notice to go for a scheduling conference where the IAD officer will tell the applicant what to expect.
11. The applicant will need to prepare for the hearing with documents, witness information and interpretation needs. Find further information under the “Information which might help” section of this page.
12. To find out what happens after a decision is made, click on the following Link

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Required Documents

• Two copies of the refusal order
• One copy of the removal order
• Application form Link
• Application form Link

Office Locations & Contacts

Submit the application form for residency obligation appeal to the following address:
Immigration and Refugee Board of Canada
Immigration Appeal Division
300 West Georgia Street, 16th Floor
Vancouver, British Columbia
V6B 6C9
Telephone:604-666-5946 or 1-866-787-7472
Fax:604-666-3043
Email: irb.iad-wo-sai.cisr@irb-cisr.gc.ca
Contact Link

IMMIGRATION AND REFUGEE BOARD OF CANADA
Mailing address: Immigration and Refugee Board of Canada
Minto Place, Canada Building
344 Slater Street, 12​t​h Floor
Ottawa, Ontario
Canada
K1A 0K1
Contact Link

Eligibility

For residency obligation appeal:

• The applicant can appeal a decision if a Canadian overseas visa office found that the applicant did not meet their residency obligation as a permanent resident.
• If the applicant was in Canada during the removal order, the applicant will need to make a removal order appeal.

For removal order appeal:

• The applicant must be a permanent resident of Canada.
• The applicant must be a foreign national with a permanent resident visa.
• The applicant must be a convention refugee or protected person.
• The applicant must not have committed any serious criminality.

Fees

• The applicant does not need to pay a fee to appeal their immigration decision.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

• Application form Link
• Application form Link

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The applicant will need to wait a few months for the appeal process to be over and a decision to be made.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&>
from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• The applicant will need to submit the application form within 30 days after receiving the removal order.
• The applicant will need to submit the application form within 60 days after receiving the refusal order.
• Attending an ADR conference Link

Required Information

• Family name
• First and middle name
• Language of appeal
• Relationship to me
• Date of birth
• Address
• Apt
• City
• Province
• Postal code
• Telephone number
• Fax number
• My last physical residence in Canada was in
• Current address
• Email address
• Counsel information
• Signature

Need for the Document

• If immigration decides that an applicant is inadmissible and can remain in Canada, the Minister can appeal that decision. This is Minister’s appeal and the applicant must respond to that appeal by explaining why they must be allowed to stay in Canada.
• A permanent resident must stay in Canada for 730 out of every five years, if they do not do so they are not meeting the residency requirements and may lose their PR status in this case they will need to make a residency obligation appeal.
• A person may receive a removal order i.e., they will be asked to leave Canada, in this case they will need to make a removal order appeal.

Information which might help

• Attending a hearing Link
• Preparing a case for the IAD Link

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

More information which might help people.