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Hearings & Appeals
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Some foreign nationals seeking permanent residence in Canada - and some permanent residents of Canada, whose status is in jeopardy - will be required to appear before an administrative tribunal. They will make their case before one of the three Divisions of the Immigration and Refugee Board (IRB). As a safeguard against injustice and unfairness, the IRB operates independently of both Citizenship and Immigration Canada (CIC), who administer Canada's immigration law, and the Canadian Border Services Agency (CBSA), who are the enforcers of immigration law.
*Both CSIC member and members of a Canadian law society are authorized to represent clients in proceedings of all three Divisions of the Immigration & Refugee Board.
Refugee Protection Division
All refugee claims are decided by members of the IRB on the basis of hearings of the Refugee Protection Division (RPD). While the hearings of the RPD are informal and non-adversarial, refugee claimants are well advised to seek the assistance of professional counsel who is experienced in the preparation of refugee cases and practised in the art of advocacy.
Immigration Division
The Immigration Division (ID) if the IRB is the immigrant's front line defence against arbitrary expulsion from the country and unwarranted detention. If you have been summoned to appear at an admissibility hearing of the ID, you will want experienced counsel to challenge the case that has been made against you. If you have been detained, you have a right to have your detention reviewed by the ID. Experienced counsel may be able to persuade the ID that you should be allowed your freedom pending final determination of the removal order issued against you.
Immigration Appeal Division
The mandates of the Immigration Appeal Division (IAD) are the prime example of the safeguards, second chances and fairness which characterize the administration of Canadian immigration law, particularly where sponsorship appeals and stays of removal orders are concerned:
Sponsorship Appeals: If you've been sponsored from outside Canada by your Canadian partner, and the immigration officer at the Canadian embassy in your country rejects your application, you may not have to take "no" for an answer. Your sponsor has the right of appeal to the IAD, whose hearings are adversarial. Opposing you and your sponsor will be the counsel for the Minister, whose mandate is to defend the decision of the immigration officer who refused your application. You will want to be represented by counsel experienced in advocacy.
Stays of Removal Orders: If you are a permanent resident of Canada under a removal order and facing threat of deportation, you may not have to go. You may have a right of appeal to the IAD. Experienced counsel can help you persuade the IAD to exercise their discretion to issue a conditional stay of the removal order for a period of years. If you satisfy the conditions imposed by the IAD, they have the further authority to allow your appeal absolutely and restore your right to remain in Canada indefinitely as a permanent resident and apply, when eligible, for citizenship.
To speak with an immigration specialist regarding your sensitive situation,
please contact our offices.
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