IMMIGRATION APPEALS
Immigration to Canada can be very complicated, and we understand receiving a deportation order, denial, or denial of citizenship from Immigration Canada can be very frustrating. To appeal a negative decision, there are strict deadlines and forms that must be completed. We can assist you with your appeal at Uproot.
IMMIGRATION APPEALS
Immigration to Canada can be very complicated, and we understand receiving a deportation order, denial, or denial of citizenship from Immigration Canada can be very frustrating. To appeal a negative decision, there are strict deadlines and forms that must be completed. We can assist you with your appeal at Uproot.
There are four divisions that make up the Immigration and Refugee Protection board. The Refugee Protection Division (RPD) and Refugee Appeal Division (RAD) only deal with refugee claimants and refugees. Generally speaking, the Immigration Division (ID) and Immigration Appeals Division (IAD) handle foreign nationals and permanent residents.
Immigration Division (ID)
There are only two types of hearings: admissibility and detention reviews.
- Admissibility: if a person is found to be inadmissible ID can issue a deportation order
- Detention review: 48 hours or as soon as possible after being detained by CBSA for immigration purposes, ID will hold a hearing to determine whether you will continue to be detained or released.
- ID will consider the following factors in deciding release or detention, danger to the public, flight risk, establishment of identity, and investigation by authorities because of human rights violations or security or criminal activity.
Immigration Appeals Division (IAD)
Not all matters dealing with foreign nationals and permanent residency will have appeal rights.
The following are matters that can be appealed:
- Visa refusal of family class
- A foreign national who holds a permanent resident visa may appeal their removal order
- A permanent resident or protected person may appeal a removal order
- A decision made outside of Canada on the residency obligation may be appealed
The following cannot be appealed:
- A foreign national or their sponsor who has been found to be inadmissible due to grounds of security, violating human or international rights, serious criminality, or organized criminality
- Misrepresentation unless the foreign national is the sponsor’s spouse, common-law partner, or child