Decision-maker
Which body is deciding the matter.
Immigration appeals, refugee hearings and protection matters
I have an immigration appeal, refugee hearing, or PRRA. Who can represent me?
You may have received a sponsorship refusal, removal order, residency-obligation decision, refugee hearing notice, negative refugee decision, or PRRA notification.
These processes are not interchangeable. The document you received, who made the decision, the date you received it, and the evidence already on record can determine what route is available and what must happen next.
Start with the sentence closest to your situation.
My sponsorship application was refused.
I received a removal order.
I received a decision saying I did not meet the permanent-resident residency obligation.
I have an upcoming refugee hearing.
My refugee claim was refused.
CBSA told me I may be eligible for a PRRA.
I do not know whether my matter belongs before the IRB, IRCC, or Federal Court.
I need to know whether an RCIC-IRB can represent me.
Start with the record
The name of the process matters less than the document you received
People often use the word “appeal” for very different immigration processes.
An IAD appeal, RAD appeal, RPD hearing, PRRA, reconsideration request, and Federal Court judicial review have different decision-makers, deadlines, evidence rules, and possible outcomes.
The first step is to identify the document, decision-maker, filing stage, and date of receipt. That tells you which questions must be answered first.
Have the decision or hearing notice reviewed before a filing date is missed
Prepare the decision, written reasons, removal order, hearing notice, PRRA notification, and proof of when you received them.
High-level route map
What this page can help you identify
This page provides a high-level route map. It is not a complete filing guide for every appeal, hearing, or protection process.
Available route
Which route may be available.
Timing
Whether a filing period may already be running.
Representation
Whether Immigreen may be able to represent you.
Each process has separate eligibility, filing, evidence, and procedural rules. A case-specific review may still be required.
Document-first router
Which document or decision did you receive?
| Document or situation | Process to assess |
|---|---|
| Refused family-class sponsorship application | An IAD sponsorship appeal may exist, depending on the sponsorship class, refusal ground, statutory restrictions, and filing date. |
| Removal order | Some removal orders carry an IAD appeal right and some do not. |
| Written overseas residency-obligation decision | An IAD residency-obligation appeal may be available. |
| Notice to Appear for a refugee hearing | RPD hearing preparation and representation. |
| Negative RPD decision and written reasons | A RAD appeal may be available if no exclusion applies. |
| Notification Regarding a PRRA | PRRA before IRCC. |
| Negative RAD decision or no RAD right | Federal Court review may require immediate assessment by a lawyer. |
| Visitor visa, study permit, work permit, PGWP, or ordinary IRCC refusal | Usually ordinary IRCC refusal remedies analysis, not an IAD appeal. |
Route warning: The document name does not always establish the legal route. Immigration status, the decision ground, statutory exclusions, receipt date, and procedural history may change the answer.
Four distinct routes
Compare the process before choosing the next step
Immigration Appeal Division appeals
My sponsorship was refused, I received a removal order, or I received a residency-obligation decision.
Who decides?
The Immigration Appeal Division is part of the Immigration and Refugee Board.
What route may apply?
The IAD hears certain family-sponsorship appeals, removal-order appeals, and overseas residency-obligation appeals. Not every refusal or removal order carries an IAD appeal right.
Section 64 restrictions: The law removes or restricts IAD appeal rights in specified circumstances, including some matters involving security, human or international rights violations, sanctions, serious criminality, organized criminality, and some sponsorship misrepresentation findings. Appealability must be checked from the actual decision, immigration status, inadmissibility ground, and applicable statutory provision.
Is a filing period running?
| IAD matter | Current filing period |
|---|---|
| Sponsorship refusal | 30 days from receipt of the refusal decision and written reasons, if any. |
| Removal order | 30 days from receipt of the removal order. |
| Overseas residency-obligation decision | 60 days from receipt of the written decision and reasons. |
These periods must be verified against the decision and current rules. An extension request is discretionary and is not guaranteed.
What must the decision-maker see?
Potential issues may include whether an appeal right exists; the legal or factual issue that caused the refusal or order; the Minister’s position; whether humanitarian considerations are legally available; consistency between documents and testimony; explanations for previous non-compliance; and corroboration of family impact, establishment, rehabilitation, hardship, or the best interests of a child where relevant.
Who may represent you?
An authorized Class L3 - RCIC-IRB or lawyer may represent a client before the IAD.
Refugee Appeal Division appeals
My refugee claim was rejected by the RPD.
Who decides?
The Refugee Appeal Division is part of the Immigration and Refugee Board.
What route may apply?
A negative RPD decision may be appealed to the RAD where no statutory exclusion applies. Not every negative RPD decision carries a RAD appeal right.
Is a filing period running?
Notice of Appeal: Current IRB filing guidance states that the Notice of Appeal must generally be filed within 15 days after receiving the RPD’s written reasons.
Appellant’s Record: Current IRB filing guidance states that the Appellant’s Record must generally be filed within 45 days after receiving the RPD’s written reasons.
These filing periods must be rechecked against the current IRB instructions and the specific file. A late-extension request is discretionary.
What must the decision-maker see?
Potential issues may include what the RPD decided; the factual, legal, or mixed error alleged; whether the appeal record supports the argument; whether proposed new evidence meets the applicable legal test; how the alleged error could affect the result; and whether an oral hearing is legally available.
Written process: Most RAD appeals are decided from the written record. A RAD appeal is not automatically a new hearing.
New evidence: New evidence is subject to legal restrictions. It is not enough that a document was obtained after the hearing.
Who may represent you?
An authorized Class L3 - RCIC-IRB or lawyer may represent a client before the RAD.
If you live in British Columbia, Legal Aid BC may fund an eligible RAD appeal. Coverage is not automatic and depends on the matter, financial eligibility, and Legal Aid BC approval.
Refugee Protection Division hearings
I have an upcoming refugee hearing.
Who decides?
The Refugee Protection Division decides refugee-protection claims.
What route may apply?
The RPD hearing is the proceeding where the claimant presents the claim, evidence, and testimony for assessment.
Is a filing period running?
The Notice to Appear, disclosure instructions, evidence deadlines, and hearing directions must be reviewed immediately. There is no single universal RPD evidence deadline that can safely replace the directions for the specific file.
What must the decision-maker see?
Potential issues may include identity; the Basis of Claim form; consistency between forms, narrative, documents, and testimony; credibility; current and relevant country evidence; personalized risk; state protection; internal flight alternative; delay or conduct; witnesses; documentary corroboration; interpretation; and accommodations.
Preparation standard: Preparation means helping the claimant understand the process, prior record, evidence, and issues likely to require explanation. It does not mean scripting artificial answers or rehearsing testimony that is not truthful.
Who may represent you?
An authorized Class L3 - RCIC-IRB or lawyer may represent a claimant before the RPD.
Legal Aid BC may fund an eligible refugee claimant, including preparation and representation at an RPD hearing. Coverage depends on the matter, financial eligibility, and Legal Aid BC approval.
Pre-Removal Risk Assessment
I am facing removal and CBSA told me that I may be eligible for a PRRA.
Who decides?
PRRA is a related protection process, but it is not decided by the Immigration and Refugee Board. IRCC decides PRRA applications after notification in the removal process. Understand PRRA deadlines, eligibility and evidence.
What route may apply?
A PRRA considers whether removal would expose a person to specified protection risks, including persecution, torture, risk to life, or cruel and unusual treatment or punishment.
A person cannot simply submit a first PRRA whenever they choose. CBSA must first determine eligibility and provide the Notification Regarding a PRRA.
Is a filing period running?
| How materials were provided | General application period |
|---|---|
| Materials provided in person | The current official instructions state that the complete application must generally be received within 15 days. |
| Materials provided by mail | The current official instructions state that the complete application must generally be received within 22 days. |
| Evidence and written submissions | Follow the exact dates in the Notification Regarding a PRRA. |
Late filing can affect whether a regulatory removal stay applies. Do not assume that filing any PRRA automatically stops removal.
Waiting period: In most cases, a 12-month waiting period follows specified negative refugee, PRRA, or related Federal Court decisions. Current country-condition exemptions may apply only where both the country and decision date fall within IRCC’s published exemption window. Review the live official exemption page.
What must the decision-maker see?
Potential issues may include the present risk at removal; whether the risk is personal and direct; how current country evidence connects to the applicant; what changed after an earlier protection decision; whether later evidence arose afterward, was not reasonably available, or could not reasonably have been expected to be presented earlier; consistency with prior records; and whether the evidence addresses the legal protection categories.
Prior record: PRRA is not a blank-slate opportunity to repeat the same refugee claim and evidence.
Who may represent you?
A regulated Canadian immigration consultant or lawyer may assist with a PRRA before IRCC.
Legal Aid BC may fund an eligible PRRA matter for a person living in British Columbia. Coverage is not automatic and depends on the matter, financial eligibility, and approval.
Representation and licensing
Can Immigreen represent me?
Immigreen is led by Mehdi Nafisi, RCIC-IRB, R524162.
Mehdi Nafisi is an active member in good standing of the College of Immigration and Citizenship Consultants and holds a Class L3 - RCIC-IRB licence.
A Class L3 - RCIC-IRB licence authorizes an RCIC to represent clients before all four divisions of the Immigration and Refugee Board:
- Immigration Division
- Refugee Protection Division
- Immigration Appeal Division
- Refugee Appeal Division
The College of Immigration and Citizenship Consultants is the federal regulator responsible for licensing and regulating Canadian immigration and citizenship consultants. Readers can verify a representative’s current licence class and eligibility to provide services through the College Public Register and review College Class L3 licensing information.
Service scope
Immigreen accepts appropriate IAD, RAD, RPD, and PRRA matters. Whether representation can be accepted depends on the decision, filing stage, deadline, existing record, evidence, merits, scope of work, and current capacity.
Federal Court boundary
A person may represent themselves in Federal Court or retain a lawyer. An immigration consultant cannot act as Federal Court counsel or provide legal advice about the court proceeding.
Where a Federal Court deadline may be running, Immigreen can identify the need for prompt legal review and help organize the immigration record for counsel.
Availability is not strength
Having a process available does not mean the case is ready to succeed
A filing route is not the same as a strong case.
New documents are not automatically admissible or persuasive. A hearing is not guaranteed merely because one is requested. Disagreement with a previous decision is not enough.
The next question is whether the legal issues, prior record, testimony, documentary evidence, and applicable authorities support the position being advanced.
Assessment and preparation
How Immigreen assesses and prepares the matter
Step 1: Identify the process and procedural stage
Review the decision, order, hearing notice, or PRRA notification. Confirm who made the decision, what route may exist, what has already been filed, and which dates require immediate attention.
Step 2: Reconstruct the record
Compare prior forms, written narratives, supporting documents, testimony, written reasons, correspondence, and tribunal records where available. Identify omissions, contradictions, concessions, unresolved findings, and the evidence before the previous decision-maker.
Step 3: Identify the legal and evidentiary issues
Review the applicable legislation, regulations, tribunal rules, official guidance, and relevant decisions addressing comparable issues. Similar cases and case law may explain how a legal test has been applied. They are not guarantees, and each case must be assessed on its own record.
Step 4: Build and present the case
Organize the evidence, address inconsistencies honestly, prepare written or oral submissions, prepare the client or witnesses where appropriate, and connect the facts to the questions the decision-maker must answer.
Research and careful preparation cannot guarantee an outcome. Their purpose is to make a genuine case clear, consistent, supportable, and properly connected to the applicable legal requirements.
Immigreen Evidentiary Clarity Framework
What must be clear to the decision-maker?
Different processes apply different legal tests, but the quality and organization of the record still matter.
Credibility
Are the facts believable, complete, and properly explained?
Consistency
Do the forms, narratives, documents, testimony, dates, and previous applications agree with each other?
Corroboration
Is there independent evidence supporting the important claims?
Evidence quality
Are the documents reliable, current, specific, properly translated, and connected to the issue?
Decision logic
Can the decision-maker see how the evidence addresses the legal test, previous findings, and requested outcome?
The goal is not to make a weak case appear strong. It is to make a genuine case clear enough to be properly understood and assessed.
Procedural honesty
Not every available process is a strong process
A person may technically be able to file something without having a strong legal or evidentiary basis.
A proposed document may not be admissible. An appeal right may be barred. A filing period may have passed. A witness may not add useful evidence. A PRRA may repeat issues already rejected without satisfying the new-evidence rules.
Sometimes the appropriate advice is not to proceed, to obtain records first, to correct another urgent issue, or to use a different lawful route.
A professional assessment should not force the facts into the process the person wants. It should identify the process the law and evidence can actually support.
Initial review record
What to gather before a case review
Universal documents
- The decision, refusal, removal order, hearing notice, or PRRA notification
- Written reasons and proof of the date received
- Complete forms, submissions, supporting evidence, and correspondence
- IRCC, CBSA, or IRB records where available
- Identity and status documents
- A clear procedural timeline and prior representative submissions
IAD
- Notice of Appeal, if filed
- Appeal record and disclosure
- Sponsorship application or residency evidence
- Removal-order documents
- Humanitarian evidence where legally relevant
RAD
- RPD decision and written reasons
- Basis of Claim form
- Hearing recording or transcript, where available
- RPD evidence and disclosure
- Proposed new evidence
- Notice of Appeal or Appellant’s Record, if prepared or filed
RPD
- Basis of Claim form and claimant narrative
- Identity documents and country evidence
- Declarations or supporting letters
- Relevant medical, police, or institutional evidence
- Witness information and Notice to Appear
- Interpretation or accommodation needs
PRRA
- Notification Regarding a PRRA and forms
- Removal documents
- Prior refugee, RAD, PRRA, and court decisions
- Current country and personalized risk evidence
- Evidence obtained after the previous decision
- Explanation of why later evidence was unavailable earlier, where relevant
Do not wait to collect every possible document before checking whether a filing period is running.
Official sources
Official resources and legal authority
IRB and appeals
IRB overviewImmigration Appeal DivisionMaking an immigration appealRefugee Appeal DivisionFiling a refugee appealRefugee Protection DivisionRPD hearing preparationPRRA
PRRA overviewPRRA eligibilityHow to applyCurrent exemptions to the 12-month waiting periodGuide 5523Representation
College Public RegisterClass L3 RCIC-IRB licensing informationLegal Aid BC immigration servicesFederal Court representation guidanceOfficial sources and deadline statements checked August 1, 2026. No new official update found as of the date checked that changes the verified filing periods stated on this page. Always recheck the instructions issued for the specific file.
Related Immigreen pages
Continue your research
Frequently asked questions
IRB appeals, refugee hearings and PRRA FAQ
Can every immigration refusal be appealed?
No. Some decisions carry a statutory right of appeal, while many visa and permit refusals do not. The decision type, immigration status, refusal ground, statutory restrictions, and filing period must be checked before assuming an appeal exists.
What is the difference between the IAD, RAD, and RPD?
The IAD hears specified immigration appeals, including some sponsorship, removal-order, and residency-obligation matters. The RAD reviews eligible negative RPD decisions. The RPD decides refugee-protection claims at first instance.
Is PRRA an IRB appeal?
No. A Pre-Removal Risk Assessment is a protection process before IRCC in the removal context. CBSA checks eligibility and provides the PRRA notification, while IRCC decides the application.
Who can represent me before the IRB?
An authorized lawyer or a consultant holding the required Class L3 - RCIC-IRB licence may provide paid representation before the IRB. Readers can verify a representative’s licence class and service eligibility through the College Public Register.
Can an immigration consultant represent me in Federal Court?
No. A person may represent themselves in Federal Court or retain a lawyer. An immigration consultant cannot act as Federal Court counsel or provide legal advice about the court proceeding.
Are all RAD appeals decided at a hearing?
No. Most RAD appeals are decided from the written record. An oral hearing may be held only in limited circumstances permitted by law.
Can I use new evidence in a RAD appeal or PRRA?
New evidence is governed by separate legal rules in each process. A document is not automatically admissible merely because it was obtained later. The timing, availability, relevance, and connection to the earlier record must be assessed.
Does filing a PRRA automatically stop removal?
Not always. A timely first PRRA may engage a regulatory stay, but late applications, subsequent applications, and specified situations may not. The person should follow the exact PRRA notification and obtain urgent advice where removal may proceed.
Can Legal Aid BC pay for representation?
Legal Aid BC may fund some refugee, RAD, and PRRA matters for eligible people in British Columbia. Coverage is not automatic and depends on the type of matter, financial eligibility, and Legal Aid BC approval.
What should I send for an initial review?
Send the decision, written reasons, order, hearing notice, or PRRA notification, together with proof of the date received and the complete record already filed. Do not delay checking a filing period while waiting for every possible document.
Get a clear assessment of the process your facts and evidence may support
Immigreen assesses IAD appeals, RAD appeals, RPD hearings, and PRRA matters. The review should identify the correct process, immediate filing requirements, evidentiary issues, representation scope, and proportionate next step.