APPEALS

 

We represent our clients before Immigration Division (ID), Immigration appeal division (IAD) and Immigration refugee board(IRB).

Immigration Division - Immigration division Conducts admissibility hearings for those who are believed to be inadmissible to Canada or who are subject to removal from Canada.. Immigration division reviews, the grounds for detention of people detained under the Immigration and Refugee Protection Act.

Grounds for admissibility hearings

Usually, a person is considered inadmissible on following basis:
Misrepresentation
Serious criminality
Organized criminality
Security grounds
Violating human rights health reasons
Financial reasons (unable to provide for oneself)
Failure to comply with the Act.

Hearings
On the basis of the evidence and the testimony of parties, the ID decides whether or not the allegations are founded.

• If the allegations are well founded the ID issues a removal order for the person Concerned
• If it decides that the allegations are not founded, the ID stops the hearing and the person concerned retains his/her status.

Right to appeal- The foreign nationals cannot file an appeal to immigration appeal division but only a leave to appeal before federal court with in 15 days from the date of immigration division's negative decision. Permanent residents usually have a right to file a appeal before Immigration appeal division unless the exceptions are not applicable on them as provided in Immigration and refugee protection act. They can file a appeal with IAD within 30days from date of negative decision from ID

Immigration Appeal Division (IAD).

The IAD deals with following kind of appeal:

• Sponsorship appeal
• Appeal from a removal order issued by the Canada Border Services Agency (CBSA) or the Immigration Division.
• Residency obligation appeal
• Minister's appeal of an ID decision

Following persons are not allowed to make an appeal:
The persons who are inadmissible for following reasons.

• Serious criminality punished by a sentence of two years or more of imprisonment,
• Organized criminality,
• Security grounds,
• Violations of human or international rights, or
• Misrepresentation (unless the sponsored family member is the sponsor's spouse, common-law partner or child

Refugee Protection Division
RPD deals with the refugee claims made within Canada. All claims which are made with in Canada are first dealt by CBSA or CIC and if the claim is found eligible, then it is referred to refuge protection division.

Canada provides protection to following persons-
Conventional refugees - Immigration and refugee protection act provides that conventional refugees are persons who are outside the country of their nationality and have a well-founded fear of being persecuted for reasons of:

• Race
• Religion
• Nationality
• Political opinion or
• Membership of a particular social group.

Persons in need of protection - Persons in need of protection are persons whose removal to their country of origin would subject them personally to:

• A danger of torture
• A risk to their life, or
• A risk of cruel and unusual treatment or punishment.