Immigration (lawyer)Lawyer referralImmigration Appeal Division appeals

Appeal of a removal order based on misrepresentation

Immigration Appeal Division appeal of a removal order made because of a finding of misrepresentation.

An appeal to the Immigration Appeal Division usually must be filed within 30 days of receiving the refusal or removal order (60 days for some residency obligation appeals filed from outside Canada). Ontario Done by an Ontario lawyer, by referral

What is included

  • Reviews the refusal or removal order and the evidence behind it
  • Files the notice of appeal and obtains the record
  • Prepares evidence, witnesses and humanitarian and compassionate arguments
  • Represents you at the hearing or at alternative dispute resolution
  • Responds if the Minister appeals a decision in your favour

What is not included

  • Government processing, court and other official fees, and other disbursements
  • Translations, medical exams, police certificates and other third-party costs
  • A new application or a further appeal after a decision, unless agreed in writing
  • Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral

Who this service is for

  • Sponsors whose family member was refused
  • Permanent residents facing a removal order
  • Permanent residents found not to meet the residency obligation

Information to have ready

  1. 1The refusal letter or removal order and the date you received it
  2. 2Your original application and supporting documents
  3. 3Evidence of your relationship, ties to Canada or hardship
  4. 4Names of witnesses who can testify

How a referral works

  1. 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
  2. 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
  3. 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
  4. 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.

NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights

Frequently asked questions

What does the lawyer charge?

A typical Ontario fee for this service is $6,000–$13,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.

Who can represent me in an immigration matter?

In the Federal Court, only a lawyer can represent you, unless you represent yourself. For other immigration matters, only authorized representatives, such as lawyers, Ontario licensed paralegals and licensed immigration consultants, may charge to help you.

What is a procedural fairness letter?

It is a letter from an officer setting out concerns about your application and giving you a chance to respond, usually by a firm deadline. A careful, complete response matters.

Can I stay in Canada while my case is in the Federal Court?

Not automatically. A judicial review does not usually stop removal on its own, so a separate motion to stay removal may be needed.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No approval, visa or decision can be guaranteed; the government, tribunal or court decides
  • Deadlines and removal dates are not paused while you choose a lawyer
  • Information must be complete and truthful; misrepresentation can lead to a five-year ban
Law Society of Ontario — Barreau de l'Ontario
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