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Immigration Appeal Lawyer Toronto
Lexaltico LLP represents clients before the Immigration Appeal Division of the IRB. We handle sponsorship refusals, removal order appeals, and residency obligation cases with a focus on achieving successful outcomes.
IAD AppealsSponsorship RefusalsRemoval OrdersResidency Obligation
Immigration Appeals & Federal Court Review
Quick Answer
What decisions can be appealed to the IAD?
The IAD hears appeals from family class sponsorship refusals, removal orders against permanent residents and protected persons, residency obligation determinations against permanent residents, and refusals of permanent resident visa holders at ports of entry. Not all immigration decisions can be appealed to the IAD. Our lawyers can advise whether your matter falls within IAD jurisdiction.
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Your Legal Team
Lawyers and Regulated Canadian Immigration Consultants (CICC)
Work permits, permanent residence, sponsorship, refugee claims and appeals
IMMIGRATION APPEAL DIVISION
Understanding IAD Appeals Under Sections 62 to 71 of IRPA
The Immigration Appeal Division (IAD) of the Immigration and Refugee Board is a quasi-judicial tribunal that hears appeals from certain immigration decisions. Under section 63 of IRPA, the IAD has jurisdiction to hear appeals from sponsors whose family class sponsorship applications have been refused, permanent residents or protected persons subject to removal orders, permanent residents found to have breached their residency obligations, and foreign nationals holding permanent resident visas whose applications have been refused at a port of entry.
At Lexaltico LLP, our Toronto immigration appeal lawyers have extensive experience conducting IAD hearings. The IAD has broad remedial powers: it can allow an appeal on questions of law, fact, or mixed law and fact under paragraph 67(1)(a); it can consider whether there are sufficient humanitarian and compassionate considerations to warrant special relief under paragraph 67(1)(c); and it can stay a removal order under subsection 68(1) subject to conditions. Our lawyers develop comprehensive appeal strategies that address both the legal merits and the equitable considerations relevant to your case.
SPONSORSHIP REFUSAL APPEALS
Appealing Refused Family Class Sponsorships
When a family class sponsorship is refused by IRCC, the sponsor has the right to appeal to the IAD under subsection 63(1) of IRPA. Common grounds for refusal include determinations that the relationship is not genuine or was entered into primarily for immigration purposes (section 4 of the IRPR), failure to meet the definition of a family class member, inadmissibility of the sponsored person, and failure of the sponsor to meet financial requirements. The IAD conducts a de novo hearing, a fresh review of the evidence, and can receive new evidence not before the original decision-maker.
Our lawyers prepare thorough sponsorship appeal cases that include witness testimony, documentary evidence of the relationship's genuineness, expert reports where appropriate, and submissions on humanitarian and compassionate factors. We address the specific concerns raised in the refusal letter and the officer's GCMS notes, and we ensure that all evidence is organized and presented in a manner that meets the IAD's procedural requirements under the Immigration Appeal Division Rules (SOR/2002-230).
REMOVAL ORDERS & RESIDENCY APPEALS
Removal Order Appeals & Residency Obligation Cases
Permanent residents subject to removal orders under section 44 or 45 of IRPA may appeal to the IAD under subsection 63(3). Removal orders can be issued for a range of reasons including serious criminality (paragraph 36(1)(a)), criminality (paragraph 36(2)(a)), misrepresentation (section 40), or inadmissibility on security grounds. However, permanent residents found inadmissible for serious criminality (sentenced to more than six months of imprisonment) lose their right to appeal under paragraph 64(2). In such cases, judicial review at the Federal Court may be the only recourse.
For residency obligation appeals, the IAD considers whether the permanent resident has met the requirement of being physically present in Canada for at least 730 days within a five-year period under section 28 of IRPA, or whether humanitarian and compassionate considerations justify retaining PR status despite non-compliance. The IAD applies the Ribic/Chieu factors (establishment in Canada, reasons for departure, disruption to family, support of family and community, and hardship on return) in exercising its equitable jurisdiction. Our firm builds compelling cases that demonstrate our clients' ties to Canada and the merits of granting relief.
CASE SPOTLIGHT
Recent Victory: Mîra v. Canada
Mîra v. Canada (Citizenship and Immigration), 2026 FC 603 In this Federal Court judicial review, Jia Junaid of Lexaltico LLP successfully challenged the Refugee Appeal Division’s decision to exclude the applicants from refugee protection under Article 1F(b) of the Refugee Convention.
Justice McHaffie found the RAD’s decision unreasonable on two grounds: the RAD improperly excluded new evidence about corruption within Romania’s National Anticorruption Directorate (DNA), and the RAD’s exclusion analysis relied on foreign convictions without meaningfully grappling with the applicants’ credible evidence that the charges were politically fabricated.
The application for judicial review was allowed. The Federal Court set aside the decision and remitted the appeal to a differently constituted panel, which is the relief sought on judicial review: the exclusion finding no longer stands and the appeal is heard afresh.
Article 1F(b) exclusions are hard to displace, and harder still where the conviction comes from a European Union member state with a functioning court system. The argument required persuading the Court that evidence of corruption inside the prosecuting authority was relevant and had been wrongly shut out, and that a conviction from such a state could not simply be taken at face value.
What made the exclusion unusual. The Minister raised Article 1F(b) in 2020 and then withdrew that intervention in October 2023 after reviewing the evidence. The Refugee Protection Division found our client generally credible and not excluded. The Refugee Appeal Division then raised exclusion on its own motion and excluded her, without the Minister intervening. The finding under review was one the Minister had already abandoned.
On the exclusion itself, the Division reasoned that a conviction from Romania could be relied on because it is a country where the rule of law prevails, citing Arevalo Pineda for that proposition but not the passages of the same decision requiring an objective assessment of the claimant’s own evidence and satisfaction that the issuing authority itself respects the rule of law. The Court held that reliance on authority stripped of its qualifying context does not meet the standard, and observed that no assessment of the issuing authority was ever carried out. Read the full decision on CanLII.
This result demonstrates Lexaltico’s commitment to thorough preparation, evidence-driven advocacy, and holding administrative decision-makers to the standard of reasonableness the law requires.
Key Details
CaseMîra v. Canada
Citation2026 FC 603
CourtFederal Court of Canada
JudgeJustice McHaffie
CounselJia Junaid, Lexaltico LLP
ResultJudicial review allowed, exclusion set aside
The IAD hears appeals from family class sponsorship refusals, removal orders against permanent residents and protected persons, residency obligation determinations against permanent residents, and refusals of permanent resident visa holders at ports of entry. Not all immigration decisions can be appealed to the IAD. Our lawyers can advise whether your matter falls within IAD jurisdiction.
How long do I have to file an IAD appeal?
For most IAD appeals, the deadline is 30 days from the date you receive the decision. For sponsorship refusal appeals, the sponsor must file a Notice of Appeal with the IAD within 30 days. Missing the deadline may result in the loss of appeal rights, so it is critical to seek legal advice promptly after receiving an unfavourable decision.
What are humanitarian and compassionate considerations in an IAD appeal?
The IAD can grant relief based on H&C; considerations even when the appeal does not succeed on legal or factual grounds. Factors include establishment in Canada, the best interests of any children affected, family ties, the hardship that would result from removal, the circumstances surrounding the grounds of inadmissibility, and community support.
Can a removal order be stayed by the IAD?
Yes. Under subsection 68(1) of IRPA, the IAD can stay a removal order for a specified period and impose conditions. During the stay period, the individual remains in Canada and must comply with the conditions. The IAD can cancel the stay and allow the appeal, or revoke the stay and dismiss the appeal, at a subsequent review hearing.
What happens if I lose my IAD appeal?
If the IAD dismisses your appeal, you may seek judicial review at the Federal Court of Canada under section 72 of IRPA. Leave must be obtained within 15 days (for inland decisions) or 60 days (for overseas decisions). Alternatively, depending on the circumstances, other remedies such as H&C; applications or PRRA may be available.
Can I present new evidence at an IAD hearing?
Yes. The IAD conducts a de novo hearing, meaning it reviews the case fresh. You can present new evidence, including documents and witness testimony, that was not before the original decision-maker. Our lawyers ensure that all relevant evidence is properly prepared and submitted in accordance with IAD procedural requirements.
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Representative Outcomes
Cases We Have Handled
Immigration · 2026
Refugee exclusion set aside on judicial review
Mîra v Canada (Citizenship and Immigration), 2026 FC 603Federal Court · Mr. Justice McHaffie · 6 May 2026 · Docket IMM-21730-24 Our client is a Romanian expert accountant. She says she was prosecuted and convicted in her absence on corruption charges after…
Mîra v Canada (Citizenship and Immigration), 2026 FC 603 Federal Court · Mr. Justice McHaffie · 6 May 2026 · Docket IMM-21730-24
Our client is a Romanian expert accountant. She says she was prosecuted and convicted in her absence on corruption charges after refusing to alter her expert reports to suit prosecutors at Romania’s National Anticorruption Directorate. She and her partner claimed refugee protection in Canada in 2018.
How the exclusion arose
The Minister raised exclusion under Article 1F(b) in 2020, then withdrew that intervention in October 2023 after reviewing the evidence. The Refugee Protection Division went on to find our client generally credible and not excluded.
On appeal the Refugee Appeal Division raised exclusion on its own motion, gave notice, and excluded her. The Minister did not intervene. So the finding under review was one the Minister had already abandoned.
What the Court held
The application for judicial review was allowed and the decision set aside for both applicants, on two grounds.
The new evidence. The Division refused fresh evidence of corruption inside the prosecuting authority as irrelevant. The Court found it had mischaracterised the argument and had not engaged with the material at all, which included reporting that linked the prosecutor in our client’s case to indicted officials said to hold influence over prosecutors.
The exclusion finding. The Division reasoned that because Romania is a country where the rule of law prevails, a charge and conviction could be relied on. It cited Arevalo Pineda for that, but not the passages of the same decision requiring an objective assessment of all the claimant’s evidence and satisfaction that the issuing authority itself respects the rule of law. The Court held that reliance on jurisprudence stripped of its qualifying context does not meet the standard, and noted that no assessment of the issuing authority was ever carried out.
On the authority of Qazi, where a claimant alleges the charges are fabricated and has been found credible, the existence of a warrant alone is not enough. The Division had to go further and did not.
Why it was hard
Displacing an Article 1F(b) exclusion is difficult, and considerably harder when the conviction comes from a European Union member state. The presumption that a charge from such a state can be taken at face value is precisely what had to be dislodged, and it was dislodged on the record rather than on assertion.
Outcome
Judicial review allowed. The decision was set aside for both applicants and the appeal remitted to a differently constituted panel. That is the relief sought on a judicial review: the exclusion finding no longer stands and the appeal is heard again before a fresh panel.
“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
SJR
★★★★★
“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
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Do not send confidential or sensitive information through this website or by email until we have
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Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
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Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
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Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
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English. Where anything is provided in another language, the English
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you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
