Appeals & Judicial Reviews

We represent our clients before the Immigration Division (ID), the Immigration Appeal Division (IAD) , Refugee Protection Division (RPD), Refugee Appeal Division (RAD) and the Federal Court of Canada.

Immigration Division (ID) - 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. Usually, a person is considered inadmissible on following basis: Misrepresentation Serious criminality Organized criminality Security grounds Human or international rights violation 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 is decided that the allegations are not founded, the ID stops the hearing and the person concerned retains his/her status.

Right to appeal- Foreign nationals cannot file an appeal to the Immigration Appeal Division but only an application for a "leave" to appeal before the Federal Court within 15 days from the date of Immigration Division's negative decision. Permanent residents of Canada usually have a right to file an appeal before the Immigration Appeal Division unless the exceptions provided in the Immigration and Refugee Protection Act applies. They can file an appeal with the IAD within 30days from the date of a negative decision made by the ID.

Immigration Appeal Division(IAD):

The IAD deals with following kinds of appeal:

  • Sponsorship appeal
  • Appeal from a removal order issued by the Canada Border Services Agency (CBSA) or the Immigration Division (ID).
  • 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 the following reasons:

  • Serious criminality punished by a sentence of six(6) 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)

Refugee Protection Division (RPD)

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

Canada provides protection to following persons:

Conventional refugees - The 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.

Refugee Appeal Division (RAD):

The Refugee Appeal Division deal with Appeals from the decision of Refugee Protection Division (RPD). RAD has authority to decide if the decision of RPD was wrong in fact or law or both. Only new evidence is introduced in this hearing. Most hearings are decided on basis of paper submissions.

Federal Court of Canada:

The Federal Court decides legal disputes and cases which fall under federal domain including challenges to the decisions made by Federal tribunals like Immigration and Refugee Board of Canada as well as Service Canada. In Immigration matters,  applicant can challenge the decision of visa office in applications for temporary residence and permanent residence (except applications under family class) in the Federal Court. Applicant must obtain a leave for Judicial Review in order to appear before the Federal Court Judge. An application for leave must be made within 60 days of the refusal of applications from Visa office. However, An application for leave must be made within 15 days:

  • If application made inside Canada is denied by the department of Citizenship and Immigration Canada or by the department of Employment and Social Development Canada (Service Canada).
  • In case of negative decisions by Immigration Appeal Division and Refugee Appeal Division, and
  • In case of negative decisions by Immigration Division

If your application has been refused by a Visa office or your appeal has been denied by the Immigration and Refugee Board and you need a legal representation to challenge the decision of the Visa officer or the Board member, you can contact us by an e-mail or phone call. If possible,  please provide a copy of refusal letter from the visa office or a  negative decision from the Immigration and  Refugee Board.

PNP Reviews and Appeals:

PNP appeals for Judicial Review are filed in the Provincial Supreme Courts.

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Skilled Worker Immigration

Permanent residence for skilled workers. The Comprehensive Ranking System, Invitation to Apply and related issues. Employer sponsorship is not a requirement

PNP & Appeals

Canada's provinces have their own provincial programs known as Provincial Nominee Programs (PNP). This is one of the most popular program. You can also appeal a negative decision from any PNP Program.

Sponsorship Immigration

A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad. This is a complex process and it is important that you know the law, policy and your rights.

Contact Us

  • Abbotsford: Liberty Law Corporation      106-33119 South Fraser Way, Abbotsford, B.C. V2S 2B1
  • Surrey & Mission, British Columbia: Appointments can be arranged on request.
  • Tel: (604) 504-5411
  • Skype: libertylawyers
  • Email:
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