HEARING AND APPEALS

Many of the cases that we appeal are those cases where the applicants prepared and submitted the applications to the immigration department or embassy without our involvement. In such situations, when the applicant is refused and the applicant approaches our office, we will first review the refusal decision and any documents that the client may have in their possession. Afterwards, we will give the client our view of the likelihood of success of an appeal.

SPONSORSHIP APPEALS

When a sponsored application for permanent residence is refused, the sponsor must be informed of the reasons for the refusal and of the right of appeal to the IAD. If a Canadian citizen or permanent resident files an application to sponsor a foreign national as a member of the family class, and the application is refused, the sponsor may appeal the refusal of the application to the IAD.

ADMISSIBILITY APPEALS

Under Canada's immigration law, if the CBSA has reason to believe that you should not enter or remain in Canada, you may be ordered to appear at an immigration admissibility hearing before the Immigration Division of the IRB. A member (decision-maker) of the Immigration Division will then decide independently if you are admissible - that is, whether or not you may enter or remain in Canada.

RESIDENCY OBLIGATION APPEALS

Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five year.

If a permanent resident is outside Canada and a visa officer (also outside Canada) with Citizenship and Immigration Canada (CIC) finds that he or she has not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the CIC decision to the Immigration Appeal Division (IAD) of the immigration and Refugee Board of Canada (IRB). However, the person must appeal no later than 60 days after receiving the decision letter from CIC. The appellant may be outside Canada.

If the appellant was in Canada at any time over the past 365 days,CIC must provide a travel documents so that the person can travel to Canada.

In other cases, the person may apply to the IAD for a travel document. If the IAD decides that the appellant must be the hearing in person, it may issue an order.

CIC will then issue a travel document to allow travel to Canada for the hearing. Otherwise, the hearing may be held by telephone. Either way, a member (decision-maker) will hear the appeal according to the IRB tribunal process.

The appeal process involves two parties: the appellant and Minister's counsel who represents CIC. The process also usually public, so media or members of the public may attend or report on the proceedings. If the appeal on residency obligation is allowed, the IAD will set aside CIC's decision and the person will keep his or her permanent resident status. If the appeal is dismissed, the person will lose permanent resident status. If the person is in Canada, the IAD must order his or her removal from Canada. Either the appellant or Minister's counsel may apply for leave, or permission, from the Federal Court of Canada for judicial review of any IAD decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.

DETENTION REVIEWS

If you are a permanent resident or a foreign national, you have the right to an independent hearing to review why you are being detained. When the CBSA detains you, it must tell the Immigration Division of the IRB. An IRB decision-maker called a member will then hold a detention review within 48 hours of your detention or as soon as possible afterward. At the end of your hearing, the member will decide whether you will be released or stay in detention.

APPEAL AGAINST DEPORTATION ORDER

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) may refuse to admit persons seeking to enter Canada and may order the removal of persons who have breached IRPA. In some cases, the Immigration Division of the Immigration and Refugee Board of Canada (IRB) can order persons who are in violation of IRPA to be removed. In certain cases, these removal orders may be appealed to the Immigration Appeal Division of the IRB.