Immigration Appeals

“We have become not a melting pot but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams.” ― Jimmy Carter

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Generally, in administrative law, an applicant who is denied the right or benefit sought may wish to dispute the decision. Depending on the governing statutory framework, this challenge may include the right to appeal to an independent tribunal or seek leave for a judicial review. Appeals and judicial reviews are very different in terms of procedures, grounds upon which one may dispute the decision, and available remedies.

Board members of the IAD hear immigration appeals, and members of the RAD hear appeals of refugee claims. Individuals who have a right to appeal to one of the appellate divisions have the right to counsel, an interpreter, present and call witnesses, and be heard—either through a written application process or by hearing—before an independent and impartial decision-maker. The IAD has jurisdiction to hear and decide appeals from decisions of the CBSA, IRCC, or the ID, pursuant to section 62 of the IRPA, and may consider whether the decision was wrong in law, fact, or mixed law and fact, or whether there was a breach of natural justice.

Immigration Appeals

"Remember, remember always that all of us, and you and I especially, are descended from immigrants and revolutionists." - Franklin D. Roosevelt

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