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Immigration Appeals

Immigration Appeals

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Immigration Appeals

A complex process in which we can help make simple

If you are a permanent resident or Canadian citizen you can appeal to the IAD after you have made and application to sponsor a family member to immigrate to Canada and the visa application has been refused by Immigration, Refugees and Citizenship Canada (IRCC)

You may have the option to appeal your removal order to the immigration Appel Division (IAD) if you have received one, you will have to explain your reason for wanting to remain in Canada. This process is known through (subsections 63(2) and 63(3) of the IRPA as a removal order appeal.

In Canada there are requirements that the Immigration and Refugee protection act (IRPA) instill upon those who hold a permanent resident status which include the fact that one must remain present physically in Canada for at least 730 days out of every five years. If you hold permanent resident status and are outside Canada, a visa officer has the resources to find out and as such may determine that you are not meeting the residency obligation which can result in the loss of your permanent resident status in Canada. If this situation occurs, you will need to appeal to the Immigration Appeal Division (IAD) and explain why you feel that your permanent resident status should remain active. This process is known under (subsection 63(4) of the IRPA as a Residency obligation appeal.

If the situation arises that the Immigration Division makes a decision on your status as not being able to remain in Canada, the decision can be appealed through the Minister of Public Safety within 30 days of the decision. This process under subsection 63(5) of the IRPA is known as a Minister’s Appeal where you may participate in the appeal in order to explain your reasoning behind why you feel that you should be allowed to remain in Canada.

We get you ready

Making an application to appeal for refusal of sponsorship application and removal order is not possible under a few circumstances and these include if the person you sponsored has been involved in serious criminal activity, they have been convicted of a crime , committed a criminal act outside of Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, misrepresented your information or have been found to be involved in violations of human rights or international rights.

To make a residency obligation appeal there are no restrictions or exceptions. However, you will need to make a removal order appeal, if you received a removal order inside Canada because you did not meet your residency obligation.

Correspondence is our expertise

Once you have submitted your application to the IAD, in most instances they will request the appeal record from the Minister. The appeal record holds all the information related to the decisions made in your sponsorship application, you or your counsel may be contacted by an IAD officer to obtain additional information regarding your appeal either before or after receiving the appeal record which will help ascertain whether or not your appeal can be resolved without an oral hearing.

We come prepared

It may be suggested by the IAD that your appeal be scheduled for an alternative dispute resolution (ADR) conference , which is a non-formal meeting between you, the Minister’s Counsel and an IAD officer to discuss the case, clarify any issues and allow for both sides to agree on a decision. There will be no need for a hearing if ADR is successful.

At Alzameli Legal services we prepare you for any hearings, applications and any problems that may be present during your process. We have a great deal of experience in dealing with immigration appeals and issues which makes it easier and simple for us to take care of your issue. For more information, you may visit our website at www.alzamelilegalservices.com or contact us at (613) 680-4656 and book your free 30 minute consultation.