CANADA IMMIGRATION APPEAL LAWYERS - RANBIR THIND & ASSOCIATES LLP EDMONTON - 780.432.7000
The Immigration Appeal Division (IAD) hears four types of appeal:
- Sponsorship appeal
- Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division
- Residency obligation appeal
- Minister's appeal of an ID decision
Sponsorship Appeal
Who can appeal?: Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused by CIC.
Who cannot appeal?: Sponsorship appeals are not possible for persons who have been found inadmissible to Canada based on serious criminality punished by a sentence of six months 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).
If the appeal is allowed: CIC will resume processing the sponsorship application or it may ask the Federal Court of Canada permission to apply for judicial review of the IAD decision. It is possible for CIC to refuse the application on other grounds.
Removal (Deportation) Order Appeal
Who can appeal?: Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada.
Who cannot appeal?: None of these persons can appeal their removal order if they have been found inadmissible to Canada because of serious criminality punished by a sentence of six months or more of imprisonment, organized criminality, security grounds or violations of human or international rights. The following persons also cannot appeal a removal order:
If the appeal is allowed: The person will be permitted to remain in Canada.
If the IAD stays the appeal: The person concerned can stay in Canada under certain conditions imposed by the IAD.
If the appeal is dismissed: The Canada Border Services Agency may remove the person from Canada. The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.
Who cannot appeal?: None of these persons can appeal their removal order if they have been found inadmissible to Canada because of serious criminality punished by a sentence of six months or more of imprisonment, organized criminality, security grounds or violations of human or international rights. The following persons also cannot appeal a removal order:
- claimants whose refugee protection claim has been rejected, and
- foreign nationals without a permanent resident visa.
If the appeal is allowed: The person will be permitted to remain in Canada.
If the IAD stays the appeal: The person concerned can stay in Canada under certain conditions imposed by the IAD.
If the appeal is dismissed: The Canada Border Services Agency may remove the person from Canada. The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.
Residency Obligation Appeal
Who can appeal? Permanent residents determined by an immigration officer abroad not to have fulfilled their residency obligation.
If the appeal is allowed: The person will not lose permanent resident status.
If the appeal is dismissed: The person will lose permanent resident status. If the person is in Canada, the IAD will issue a removal order. The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.
IMMIGRATION APPEALS LAW FIRM EDMONTON
In all cases it is advisable to be represented by an immigration lawyer because these matters can be extremely complicated. The law firm of Ranbir Thind & Associates LLP has extensive experience representing clients in all kinds of IMMIGRATION APPEALS including sponsorship, removal, refugee appeal and residency appeals. We serve clients from Edmonton, Fort McMurray, Red Deer, Grand Prairie and all Alberta. We invite you to phone us at 780-432-7000 or email us at info@ranbirthind.com to book an appointment for a paid consultation with a qualified and experienced Immigration Appeal Lawyer (Initial consultation fee will be waived if retained).
If the appeal is allowed: The person will not lose permanent resident status.
If the appeal is dismissed: The person will lose permanent resident status. If the person is in Canada, the IAD will issue a removal order. The person may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.
IMMIGRATION APPEALS LAW FIRM EDMONTON
In all cases it is advisable to be represented by an immigration lawyer because these matters can be extremely complicated. The law firm of Ranbir Thind & Associates LLP has extensive experience representing clients in all kinds of IMMIGRATION APPEALS including sponsorship, removal, refugee appeal and residency appeals. We serve clients from Edmonton, Fort McMurray, Red Deer, Grand Prairie and all Alberta. We invite you to phone us at 780-432-7000 or email us at info@ranbirthind.com to book an appointment for a paid consultation with a qualified and experienced Immigration Appeal Lawyer (Initial consultation fee will be waived if retained).