How long does an appeal of a H&C rejecting take to process?
- Thread starter Riasat94
- Start date
If your Humanitarian and Compassionate application is refused, you have only 15 days to appeal the refusal to the Federal Court of Canada. Appealing to the Federal Court involves showing the judge that the immigration officer who refused your case made some errors in law and/or fact.
Riasat94 said:
Do you mean the whole procedure from lodging an appeal, to hearing, to decision?
If so, it could be years. There's a huge thread on the family sponsorship board about appeal, where you'll find a wealth of information about the procedure.
fanvor said:
Don't quote me
, but I thought the delay is 60 days if out of country & PRTD denied? I'm looking for a link ....PRTD refusals have 60 days after the refusal decision to appeal. Those reported at a POE/Inland CIC have 30 days. Appeal for both is 2 tier with process as follows.
1. Tier 1 - Appeal to the Immigration Appeal Division (IAD) which is part of the Immigration and Refugee Board (IRB).
2. Tier 2 - Appeal of the IAD's result to the Federal Court. So this can be whomever loses be it CIC or the PR. The first step to this is to actually ask the FC if they will allow the appeal to be listed - to stop appellants wasting the courts time with baseless appeals so there must be a point of law (e.g IAD did not review important facts/evidence such as medical records showing you were looking after a seriously ill relative as a reason for your absence) not just because you don't agree with the IAD's decision. If FC find no point of law issues then appeal is not listed and that's the end of the matter. If appeal listed then FC's decision is final.
Timeline from filing the appeal to actual hearing (oral or on the papers) can be 12-24 months depending on the case load at the IAD office/ FC branch dealing with your case. So if you go for both steps 1 and 2 it could easily get to 4 years after PRTD refusal before you get a final Yes or No. This is why Parliament made sure that any time you spend in Canada after your get a refusal doesn't count towards the RO.
1. Tier 1 - Appeal to the Immigration Appeal Division (IAD) which is part of the Immigration and Refugee Board (IRB).
2. Tier 2 - Appeal of the IAD's result to the Federal Court. So this can be whomever loses be it CIC or the PR. The first step to this is to actually ask the FC if they will allow the appeal to be listed - to stop appellants wasting the courts time with baseless appeals so there must be a point of law (e.g IAD did not review important facts/evidence such as medical records showing you were looking after a seriously ill relative as a reason for your absence) not just because you don't agree with the IAD's decision. If FC find no point of law issues then appeal is not listed and that's the end of the matter. If appeal listed then FC's decision is final.
Timeline from filing the appeal to actual hearing (oral or on the papers) can be 12-24 months depending on the case load at the IAD office/ FC branch dealing with your case. So if you go for both steps 1 and 2 it could easily get to 4 years after PRTD refusal before you get a final Yes or No. This is why Parliament made sure that any time you spend in Canada after your get a refusal doesn't count towards the RO.
You are posting in the wrong section of the forum. You need to post your question to the Refugee/Asylum section of the forum.
This discussion is not about refused H&C applications. It's about refusals for PRTDs under H&C. These are two completely different things. Information for PRTD refusals under H&C does not apply to your situation.
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