JSR Immigration & LegalsServicesImmigration Appeals (ID, IAD)
LEGALS — IMMIGRATION APPEALS

Immigration Division and Immigration Appeal Division — full IRB representation.

Immigration Division — admissibility hearings, detention reviews on the strict 48-hour, 7-day, and 30-day cycles. Immigration Appeal Division — sponsorship refusals, removal orders, and residency obligation appeals. Where the IAD doesn't help, we plan for Federal Court judicial review.

Get in TouchCall 647-286-4266
LICENSED PARALEGAL
Law Society of Ontario
REGULATED CONSULTANT
RCIC
BASED IN
Brampton, ON
OVERVIEW

Two IRB divisions, two distinct timelines.

The Immigration Division (ID) handles admissibility hearings and detention reviews. Detention reviews follow a strict statutory cycle — 48 hours, 7 days, then every 30 days — and the burden is on the Minister to justify continued detention.

The Immigration Appeal Division (IAD) hears three main appeal categories: refused family-class sponsorships, removal orders, and PR residency obligation determinations. The IAD has discretion to consider humanitarian and compassionate factors — that's often the difference between losing and winning on appeal. Where the IAD refuses, the next stop is the Federal Court of Canada for judicial review on leave.

WHAT WE HANDLE

ID hearings and IAD appeals.

ID matters move fast — detention is reviewed on strict statutory cycles. IAD matters take months but turn on careful preparation of the equities and the H&C evidence.

Immigration Division (ID)

Admissibility hearings and detention reviews.

  • Admissibility hearings (s. 44 reports, ID hearings on inadmissibility)
  • Detention reviews — 48-hour first review
  • Detention reviews — 7-day second review
  • Detention reviews — 30-day continuing reviews
  • Alternatives to detention (bonds, terms and conditions)
  • Liaison with CBSA Hearings Officers

Immigration Appeal Division (IAD)

Sponsorship, removal order, and residency obligation appeals.

  • Sponsorship appeals — spousal, family-class refusals at IAD
  • Removal order appeals — relief from a removal order
  • Residency obligation appeals — PRs who fell below the 730/5 rule
  • Humanitarian & compassionate submissions on appeal
  • Stay of removal applications with the IAD
  • Federal Court judicial review preparation if IAD also refuses
HOW WE WORK A FILE

From notice to outcome.

The four-step backbone for ID and IAD matters. Timelines compress around statutory deadlines — we move accordingly.

01

Matter triage

We identify which division, what the operative deadline is (48 hours, appeal-filing window, perfecting deadline), and the realistic outcome range. Detention matters get same-day attention.

02

Evidence and memorandum

For IAD: appellant's record with memorandum of argument, supporting affidavits, H&C evidence (family ties, hardship, best interests of children, establishment, country conditions if removal-driven). For ID: disclosure review, bond paperwork, terms and conditions proposals.

03

Hearing

Full hearing representation. ID hearings often short and focused; IAD hearings can run a full day with examination, cross-examination, and oral submissions. We prepare you and any witnesses for direct and cross.

04

Outcome and next steps

Favourable IAD outcome: appeal allowed, the underlying refusal is overturned or the removal stayed. Refusal: assess Federal Court judicial review on leave. ID outcomes drive next steps for release, terms and conditions, or removal.

WHAT WE'LL ASK FOR

Documents at a glance.

ID matters need quick disclosure work; IAD matters live or die on the strength of the H&C and equities record. We build the file once we know the appeal type.

Identity & status

  • Passport biodata pages
  • Confirmation of Permanent Residence / PR card if applicable
  • Current Canadian status documents
  • CBSA / IRB notices and reports

Underlying refusal or order (IAD)

  • Refusal letter from IRCC or CBSA
  • Removal order with reasons
  • Decision being appealed (sponsorship refusal, residency obligation determination)
  • All correspondence between you and IRCC / CBSA

H&C and equities evidence (IAD)

  • Family ties in Canada (birth certificates, marriage, photos)
  • Establishment evidence (employment, taxes, community involvement)
  • Best interests of children — school records, medical, statements
  • Country conditions for removal cases
  • Letters of support from family, employers, community

ID matters

  • Disclosure package from CBSA Hearings
  • Bond paperwork and bondsperson documents
  • Proposed alternatives to detention (residence, employment, supervision)
  • Identity verification documents

Other supporting documents

  • Police certificates (where requested)
  • Psychological or medical reports where relevant
  • Translation of any non-English documents
  • Witness statements and affidavits
GOVERNMENT FEES

What the IRB and Federal Court charge.

Most ID and IAD matters do not carry a filing fee at the IRB itself. Federal Court judicial review (the next stage if IAD refuses) carries Federal Court fees, set by Federal Courts Rules.

  • Immigration Division (ID) — admissibility hearings, detention reviewsNo filing fee
  • Immigration Appeal Division (IAD) — Notice of AppealNo IRB filing fee
    The IRB does not charge a fee to file an IAD appeal. The underlying refusal may have involved IRCC fees already paid.
  • Federal Court — application for leave and for judicial reviewFederal Court fees apply
  • Biometrics (where required)CAD $85 / person · $170 family max

Transcripts, country conditions reports, expert witnesses, and translations are billed separately by their providers. Legal Aid Ontario certificates may apply for eligible appellants.

FAQ

Questions we're asked most.

Facing an ID hearing or IAD appeal?

Tell us the type of matter and the deadline. Detention files get same-day attention. Sponsorship and removal appeals — within one business day.

Get in Touch647-286-4266