Appeal Immigration Related Decisions
Immigration Law
If you have received a removal order, you may be able to appeal your removal to the Immigration Appeal Division (IAD). You or your counsel will need to explain why you should be able to remain in Canada. It is not possible to appeal matters to the courts until the IAD hears the appeal first. The Immigration Appeal Division lawyers at Kahane Law Office are here to help when you need us.
Who Can Appeal An IAD Decision
In order to make a removal order appeal, you must have received a removal order and you are:
- A permanent resident of Canada
- A foreign national with a permanent resident visa, or
- A Convention Refugee or Protected Person
Who Cannot Appeal An IAD Decision
You cannot appeal to the IAD if you have been found inadmissible to Canada due to any of the following reasons:
- Inadmissible on security grounds
- Involved in organized crime
- To have violated human or international rights
- To have committed a serious criminal offence and imprisoned for at least six months
How Long Do You Have To Appeal
In most circumstance, a person has 30 days to appeal a decision of the Canada Boarder Service Agency or Immigration, Refugee and Citizenship Canada to the IAD. As a result of the limited time to appeal, you need to seek legal advice from a lawyer a soon as possible.
What Are Frequent IAD Appeals
Roughly 80% of IAD appeals deal with sponsorship matters. The second most frequent appeals heard involve removal order appeals. These make up about 16% of IAD appeals. Lastly, about 55 of appeals deal with residency obligations that people did not meet.
Reasons For Appealing To The Immigration Appeal Division
Many reasons exist to appeal immigration decisions. Above, we saw the rough estimates of appeals but situation. Below we list some specific removal order appeals our Immigration Appeal Division lawyers represent clients for.
Removal order for misrepresentation
Removal orders for misrepresentation occur frequently. The issue is that many of the facts presented to a Canada Boarder Service Agent, are not easy to prove. In addition, language and cultural barriers pose problems. As the burden of proof is not a heavy one, it is easy for someone who is applying to come into Canada or stay in Canada to receive a removal order for this reason.
Removal order for criminality
Removal orders for criminality also occur frequently. Often these involve old charges or convictions from when a person was young. There are ways to fix some criminality issues however, once a decision is made, you must appeal that decision.
Removal order for breach of residency obligations
Many residence permits, come with specific obligations. If you fail to meet those obligations, you risk a removal order. Once issued, the only next step involves appeal the removal order.
Removal order for not valid or not genuine marriage / common law
Essentially these removal orders aim to not allow people faking relationships or entering into a marriage of convenience from remaining in Canada. The IAD looks at a number of factors, including if the couple have children, if people faced rejections to enter Canada in the past, if there is true financial support of the other person, if the couple is compatible, if any false or inconsistent statements were made and how well the parties truly know one another (and each other’s family).
Removal order for medical inadmissibility
If a visitor to Canada has medical conditions that pose a risk to public health and safety or if they enter or attempt to enter Canada when they risk being a burden on the medical system in Canada, they face a potential removal order. Many reasons exist for appealing such decisions.
Appeal Process
A Notice of Appeal and a copy of the removal order must be filed at the IAD within 30 days after the person receives the removal order. An Appeal Record is then created by either the Minister or the Immigration Division, depending on the type of decision that is being appealed, which is then sent to the you or your counsel.
A hearing date is scheduled by the IAD, when you or your counsel will appear before a Member of the IAD to argue their case.
How To Win The Removal Order Appeal?
To have a successful appeal process, you or you counsel need to show the IAD that the immigration authorities made a wrong decision in law or in fact or that a principle of natural justice was violated. Immigration Appeal Division lawyers learn how to best present your argument in the appeal.
The member of the IAD may even consider the appeal based on humanitarian and compassionate grounds. The relevant humanitarian and compassionate factors that are considered by the IAD include the best interests of any child directly affected by the decision and other factors, as follows:
- The possibility of rehabilitation, where applicable;
- The seriousness of the offence leading to the removal order, where applicable;
- The degree of hardship that the person would face in their country of nationality; and
- The length of time the person has spent in Canada and the degree of establishment.
Possible Outcomes Of An Immigration Appeal
In deciding an appeal, the IAD may allow or dismiss the appeal outright, or they may impose a stay of removal for a specified period of time, during which time you must follow specified conditions. Potential outcomes include:
- Allowing of the appeal;
- Setting aside the original decision (due to an error in fact or law);
- Staying of the appeal meaning, with conditions, the person remains in Canada;
- Granting of special relief for humanitarian or compassionate reasons; or
- Dismissing the appeal whereby the person faces immediate removal from Canada.
Our Combination Of Immigration And Litigation Lawyers
At Kahane Law Office, we offer both immigration legal services as well as litigation services. This is the perfect combination of lawyers to act for people at immigration appeals. Above all, our Immigration Appeal Division lawyers, working as a team, means that you get the best of both worlds for the price of one.
Getting Help From Immigration Appeal Division Lawyers
At Kahane Law we make immigration law help easy and accessible. We meet in person, on the phone, via Skype or by whatever means works. Our Immigration Appeal Division lawyers help you when you need it. If you face a removal order, do not hesitate to call. Call us today. (780) 571-8463 reaches us in our Edmonton, Alberta location. Or (403) 225-8810 reaches us in our Calgary, Alberta location. You may also call us toll-free at 1-877-225-8817, or email us directly here.