Regulated Canadian Immigration Consultant · RCIC-IRB · Montréal, Québec

Hearings and appeals

Representation before the IRB: appeals, hearings and detention reviews.

The Immigration and Refugee Board of Canada (IRB) decides refugee claims, immigration appeals, and admissibility and detention matters. Deadlines are short and preparing the testimony weighs heavily.

The IRB is an independent administrative tribunal with four divisions, each with its own rules, forms and deadlines. A hearing isn't prepared like a written application: the evidence must be gathered, the testimony prepared and the division's procedure followed.

Why the licence matters here: according to the College of Immigration and Citizenship Consultants, among regulated consultants it's the holders of a Class L3 licence, RCIC-IRB, who can represent clients before the Board. Our licence R534941 is listed as RCIC-IRB on the College's public register.

The IRB's four divisions

Refugee Protection Division (RPD)

It hears and decides refugee protection claims made in Canada. A claim is made from inside Canada or at a port of entry; people abroad fall under a different system, resettlement.

Refugee Appeal Division (RAD)

It decides appeals of RPD decisions. It can confirm or change the decision, or send the case back for a new hearing. Deadlines are strict, counted from receipt of the RPD's written reasons:

  • 15 days to file the notice of appeal;
  • 45 days to file the appellant's record.

Immigration Division (ID)

It holds admissibility hearings for foreign nationals or permanent residents, at the request of the Canada Border Services Agency or IRCC, and detention reviews:

  • a first review within 48 hours, or as soon as possible afterward;
  • if detention continues, another review within 7 days;
  • then a review every 30 days.

Immigration Appeal Division (IAD)

It hears immigration appeals, such as sponsorship refusals, removal orders and the residency obligation:

  • Sponsorship refusal: only the sponsor can appeal. The IAD must receive the notice of appeal and required documents within 30 days of receiving IRCC's refusal letter.
  • Residency obligation decided outside Canada: the IAD must receive the notice of appeal and documents within 60 days of receiving the decision.
  • Removal orders against permanent residents, protected persons and certain permanent resident visa holders.

A temporary resident visa refusal can't be appealed to the IAD.

What we do for you

  • Sponsorship appeal: analysis of the refusal, evidence of the relationship or of admissibility, preparation of the sponsor and witnesses, representation at the hearing.
  • Residency obligation: counting the days, evidence of the circumstances, preparing the appeal before the IAD.
  • Admissibility hearing: analysis of the allegation, evidence and representation before the ID. See our inadmissibility page.
  • Detention review: rapid preparation of the release options to present.
  • Refugee claim and RAD appeal: the form, documentary evidence and testimony preparation.

Preparing a hearing

  1. Read the decision or allegation and identify exactly what's at issue.
  2. Meet the filing deadlines for the notice and documents: they run from receipt of the decision.
  3. Gather the evidence and disclose it within the deadlines set by the division's rules.
  4. Prepare the testimony: consistency with the file, chronology, answers on weak points.
  5. Arrange an interpreter if needed, and any useful witnesses.

Who can represent you

You don't have to be represented. If your representative is paid, they must be a lawyer or paralegal in good standing with a provincial law society, a member in good standing of the Chambre des notaires du Québec, or an immigration consultant in good standing with the College. An unpaid representative, such as a relative or an organization, is also possible, with the required form.

Judicial review of an IRB decision at the Federal Court is reserved for lawyers: if it's the right route, we tell you and refer you, within the deadlines.

Common mistakes to avoid

  • Missing the deadline of 15, 30 or 60 days depending on the appeal.
  • Arriving at the hearing without preparing the testimony.
  • Filing evidence too late, outside the rules' deadlines.
  • Contradicting the written file without explanation.
  • Paying an unauthorized person to represent you.

To check a representative, see our guide on checking that an immigration consultant is authorized.

Frequently asked questions

My sponsorship was refused. How long do I have to appeal?

The IAD must receive your notice of appeal and required documents within 30 days of receiving IRCC's refusal letter. Only the sponsor can appeal.

Can a consultant represent me before the IRB?

Yes, if they're in good standing with the College and hold a Class L3 (RCIC-IRB) licence. Our licence R534941 is in that class.

What's the deadline for an appeal to the Refugee Appeal Division?

15 days from receiving the RPD's written reasons for the notice of appeal, and 45 days for the appellant's record.

I lost my permanent residence abroad over the residency obligation. Can I appeal?

Yes, to the IAD. The notice of appeal and documents must reach it within 60 days of receiving the decision.

When is the first detention review?

Within 48 hours, or as soon as possible afterward. If detention continues, another review takes place within 7 days, then every 30 days.

Can a visitor visa refusal be appealed to the IRB?

No. A temporary resident visa refusal can't be appealed to the IAD. See our visa refusal page for the possible options.

Official sources: Immigration and Refugee Board of Canada, "Immigration and Refugee Board at a glance", "Step 1: File your Notice of Appeal" and "Notice of appeal: residency obligation" (September 24, 2026), "Detention review hearings" (June 9, 2026), "Appellant's guide" of the Refugee Appeal Division (October 30, 2025); College of Immigration and Citizenship Consultants, licence classes. Accessed October 11, 2026.

Before the Board, preparation makes the difference.

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