APPEALS AND JUDICIAL REVIEW UNDER THE IMMIGRATION AND REFUGEE PROTECTION ACT.

IMMIGRATION APPEAL DIVISION

If you disagree with a negative refugee decision of the Immigration, refugee, and Citizenship Canada (IRCC) and want to appeal, you can appeal to the Refugee Appeal Division if you are eligible to appeal. The Immigration Appeals Division (IAD) is the division of the IRB that hears and decides appeals on different immigration matters. These appeals are related to sponsorships, removal orders and residency obligations.

a) Rejection of Sponsorship application.

If you have sponsored a family member whose application for permanent residence was refused, you may want to appeal that decision to the Immigration Appeal Division (IAD) to explain why the visa application should be accepted.

b) Receiving a removal order.

If you have received a removal order, you may be able to appeal your removal to the Immigration Appeal Division (IAD) to explain why you should be able to stay in Canada.

c) Rejection of Permanent Resident Visa Application or renewal of Permanent Resident Card.

If you are a permanent resident who is outside Canada and a visa officer (also outside Canada) finds that you did not meet your residency obligation, you may lose your permanent resident status. You may file an appeal to explain why you are eligible keep your permanent resident status.

d) Appeal by Canada, the Minister of Public Safety (Minister’s Appeal).

If the Immigration Division decides that you are not inadmissible and can remain in Canada, the Minister of Public Safety can appeal to the Immigration Appeal Division (IAD) This is known as a Minister’s appeal (subsection 63(5) of the IRPA). Youcan participate in the appeal to explain why you should be able to stay in Canada.

APPEAL TO THE REFUGEE APPEAL DIVISION (IRB).

When a decision is given byRefugee protection division rejecting your refugee application, you can challenge the order before Refugee Appeal Division.There are limitation periods for filing appeal.

Following could be the decisions in your appeal before Refugee Appeal Division.

• a) Appeal is allowed. Refugee protection division order is set aside.
• b) Appeal is rejected. Refugee protection division order is confirmed.
• c) Refer the case back to Refugee Protection Division for reconsiderations.

ALTERNATE DISPUITE RESOLUTION.

In some matters before the Refugee Appeal Division, you can expect an alternate dispute resolution meeting (ADR).Alternate dispute resolution is a mechanism to make an amicable settlement.

JUDICIAL REVIEW BEFORE THE FEDERAL COURT OF CANADA.

Under Canada’s immigration law, you can approach theFEDERAL COURT OF CANADAto review the decisions of the IRB.When your Appeal before the Refugee Appeal Division is rejected, you may challenge the decision by way of a Judicial Review before the Federal Court of Canada.

Similarly, when a decision is given allowing your appeal, Immigration, Refugee and Citizenship Canada (IRCC) OR Canadian Boarder Services Agency(CBSA) may challenge the order by way of a Judicial Review before the Federal Court of Canada.

There are deadlines to apply for a review.

A review by the Federal Court is a 2-stage process:

• leave stage.
• judicial review stage

Stage-1: Leave

In the first stage, called the leave stage, the Court reviews the documents about your case. You must show the Court that the decision was not fair or reasonable, or that there was an error.

If the Court gives leave, it means it agrees to examine the decision in depth.

Stage 2: Judicial review

The second stage is called the judicial review. At this stage, you can attend hearing before the Court and explain why you believe the original Immigration & Refugee Board (IRB) decision was wrong.

Living in Canada during the Judicial Review Process.

The status of your removal order depends on which IRB division made the decision you’re asking the Federal Court of Canada to review.

Decisions of the Refugee Appeal Division:

Your removal order is on hold. You can stay in Canada until the Federal Court of Canada finally decides on your review application.

Decisions of the Refugee Protection Division:

Your removal order is not on hold. You may need to leave Canada.

DETENTION AND REVIEW HEARINGS.

For the following reasons Canadian Boarder Services Agency may detain you.

Association with a criminal organization

Criminal convictions or pending charges for sexual offences, certain drug-related offences, or offences involving violence or weapons.

Any behaviour, activities and events that support the claim that the person should be considered dangerous.

When people are detained by the Canada Border Services Agency (CBSA) for immigration reasons, they will have a detention review hearing before the Immigration Division of the Immigration and Refugee Board of Canada (IRB).

WHAT HAPPENS IF YOU ARE DETAINED BY CBSA.

i) The CBSA informs the Immigration Division of the IRB when a person has been detained.

ii) A detained person has the right to a detention review hearing within 48 hours or as soon as possible afterward. If the CBSA does not release the person, the Immigration Division of the IRB will hold a detention review hearing.A detained person can represent themselves at their hearing and they can also choose to hire a Lawyer.

APPEAL AGAINST REMOVAL ORDER.

How to get started with your removal order appeal after:

• An admissibility hearing of the Immigration Division of the Immigration and Refugee Board,

or

• An examination by an immigration officer

WHO CAN APPEAL

You could appeal if you received a removal order and:

you are a permanent resident of Canada, or

you are a foreign national with a permanent resident visa, or

you are a Convention Refugee or Protected Person

WHO CANNOT APPEAL

If you are a person described above, you cannot appeal if you were found inadmissible to Canada for one of these reasons:

• Being convicted of a crime that was punished in Canada with a sentence of six months or more n a Canadian prison.
• Committing or being convicted of a crime outside Canada that would be punished in Canada by a maximum prison term of ten years or more.
• Being involved in organized crime (for example, by smuggling people or laundering money)
• Being a security threat (for example, by trying to overthrow a government or taking part in terrorism)
• Violating human or international rights (for example, by committing war crimes)

ARE YOU LOOKING FOR A LEGAL TEAM

WE CAN REPRESENT YOU AND MAKE YOUR CASE MORE EFFECTIVE AND MEANINGFUL.

We have a legal department competent to handle all your appeals and reviews. We have experienced Lawyers and consultants working round the clock to help our client base. Our charges and fees are very competitive, and services are beyond any comparison. All the immigration services are under one roof.Our legal department can prepare your appeal and represent your case before the appellate authorities in the most effective manner.

Be mindful that, there are time limits to launch an appeal or review.