Immigration: appeal routes and the hearing, in plain language

Who decides what

Three main players, depending on the stage:

• IRCC (Immigration, Refugees and Citizenship Canada) processes applications (residence, visas, citizenship…) and makes the first decisions; theCBSA steps in at inspection and enforcement.
• The CISR (Immigration and Refugee Board) is the independent tribunal that hears several kinds of appeals. It has four divisions: RPD (refugee protection), RAD (refugee appeal), ID (immigration, including detention and inadmissibility) and IAD (immigration appeal, including sponsorship and certain removal orders).
• The Federal Court hears applications for judicial review (with leave) of many IRCC and CISR decisions.

The path, in broad strokes

Depending on your situation: an IRCC application or decision (a refusal, for example) → a route of appeal that depends on the subject matter (a hearing or an appeal before the relevant CISR division, or an application for leave and judicial review at the Federal Court) → the preparation and disclosure of the forms and the evidence → thehearing (testimony is often required) → the decision.

The right route and the right deadline depend entirely on the decision you received: the decision letter almost always sets out what to do next and by when. Read it in full, right away, and write down the date.

Deadlines first

In immigration, deadlines are short and strict, and they vary with the type of appeal (a few days to a few weeks in many cases). The safe rule:

• Write down the date you received each decision or notice to appear.
• Check the applicable time limit with an official source or a regulated professional, without waiting.
• If a deadline is coming up, get help immediately: some appeals only exist once.

Getting organized, before you consult

What you can prepare yourself to make every meeting more useful:

• A dated timeline of your steps (application filed, biometrics, medical exam, notices to appear, decisions).
• Your documents gathered and numbered: forms, decisions, identity documents, evidence, each one with its date.
• A list of your witnesses with a line on what each one can confirm.