Having an immigration application denied or receiving a removal order from the Immigration and Refugee Board of Canada can be devastating but it might not be a dead end. Although we cannot guarantee any specific result, at Canadian Currents Immigration we can insist that you and your family are treated with dignity and fairness.
Families can wait for years to achieve their dreams of staying in Canada only for them to be dashed by one decision from the board. But all is not lost. You may be entitled to an appeal.
Our immigration appeal lawyers at Canadian Currents Immigration in Vancouver can help secure a second chance to present your unique story by appealing the decision made in your case.
How do immigration appeals work?
Appeals of immigration decisions in British Columbia are heard at the Immigration Appeal Division (IAD). They are permitted only in limited cases.
- An error in law was made in your case.
- An error of fact was made in your case.
- The decision made was unreasonable.
It is important to note that the division will not hear cases simply because you disagree with the decision.
There are strict guidelines for permitting an appeal. Immigration law is complicated and its realities are often obscured by unwritten rules. That is why it helps to speak with an immigration lawyer at Canadian Currents Immigration who is familiar with immigration law to set up realistic expectations and devise a strategy that is founded on a full understanding of the Canadian immigration system and policies.
If you have solid grounds for an appeal, an immigration lawyer will need to file the necessary documents according to Canadian immigration law.
Our legal team at Canadian Currents Immigration will manage the entire appeals process:
- We will file an application to the Immigration Appeal Division (IAD) of Immigration and Refugee Board Division (IRB)v to inform the tribunal of your intention to appeal within the timelimit
- We will receive an appeal record prepared by the Minister’s counsel and make responses if applicable.
- Prepare you for interview process for Alternative dispute resolution, if applicable.
- Assist you to prepare and attend appeal hearing, as well as to determine submission material/evidence and witness list.
- Represent you at the appeal hearing
An appeal can buy you and your family time. While your case is under appeal, any removal order against you from the Immigration and Refugee Board is automatically on hold.
What types of appeals do immigration appeal courts hear?
The IAD hears three main types of appeals on behalf of immigrants/residents and their families:
- Family class sponsorship appeals (e.g., where an application to stay in Canada on the grounds of marriage to a Canadian citizen is refused)
- Where a removal order has been made against a permanent resident, convention refugee, or other protected person
- Where a permanent resident has been found outside Canada and has failed to be present in the country for 730 days out of every five years, as required by immigration law.
The right to appeal is not one-sided. The IAD also hears appeals by the Minister of Public Safety against decisions made in favour of immigrant applications.
An appeal is allowed…
- if the decision being appealed was wrong in law or fact,
- if there was a breach of a principle of natural justice (for example, a breach to the right to be heard or to be heard by an impartial person), or
- in some cases, on the basis of humanitarian and compassionate considerations.
How do you appeal a removal order in British Columbia?
The receipt of a removal order is one of the most distressing events for any immigrant/refugee and their families.
If you receive a removal order, you may be able to file an appeal with the IAD to explain why you should be allowed to remain in Canada.
However, strict guidelines apply to the appeals process.
Who can appeal a removal order?
Only certain people who have received a removal order can appeal the decision:
- Permanent residents of Canada
- Foreign nationals with a permanent resident visa, or
- Convention Refugees or Protected Persons
The appeal must be filed with the IAD within 30 days of receiving the removal order by submitting a Notice of Appeal form, along with a copy of your removal order, or 60 days for after the appellant received the written decision made outside Canada on the residency obligation
Who cannot appeal a removal order?
For certain individuals, once a ruling is handed down, the decision is considered final and the appeals process is not open to them.
This includes people who are deemed inadmissible to Canada due to the following reasons:
- Serious criminality resulting in a prison sentence of six months or more in Canada or (if the act was committed outside Canada) any offence that would normally lead to a minimum of a 10-year prison sentence in Canada
- Involvement in organized crime
- Considered a threat to security
- Guilty of violations of human or international rights
What if your appeal is allowed?
If your appeal is allowed, the removal order against you will be cancelled and you can remain in Canada indefinitely.
Landed permanent residents will retain their status and those holding PR visas but not yet resident in Canada can seek assistance from Immigration, Refugees and Citizenship Canada (IRCC).
What if your appeal is stayed?
With a “stayed” appeal, a temporary hold is placed on your removal order. Providing you meet certain conditions of residence, you can remain in Canada until the IAD hears your case again in the future.
Note that a stayed appeal can be cancelled at any time and the IAD would then make a final decision on whether to allow or dismiss your appeal against the removal order.
What if your appeal is dismissed?
If your appeal is dismissed, the original removal order will stand and you can be ordered removed from Canada, or the original decision that the PR application was refused is valid in law.
Permanent resident appeals in Vancouver
If you are a permanent resident and lose your status due to a decision from the Immigration and Refugee Board of Canada or the Canada Border Services Agency (CBSA), it can lead to distressing consequences.
But now is not the time to panic. With the aid of an experienced immigration lawyer at Canadian Currents Immigration, you can successfully appeal the decision if you have good grounds to remain in Canada.
Our immigration appeals lawyers at Canadian Currents Immigration will first work with you to understand the issues and why the decision against you was made. Then we will advise you whether your case qualifies for an appeal with the IAD.
If so, we will start building a case to show why you should remain in Canada and help if you should face problems entering and exiting Canada during this period.
For any type of immigration appeal that affects you, we will manage the entire appeals process from start to finish and keep you informed about all progress.
Start with a confidential 30-minute consultation with a Canadian Currents Immigration immigration appeals lawyer in Vancouver.
Call us now to book a time: 778-331-1164.