IMMIGRATION APPEALS AND FEDERAL COURT APPLICATIONS

Canadian immigration can be very complex and we understand that receiving a refusal, deportation, removal order or a negative decision from Immigration Canada can be a confusing and frustrating experience. There are strict deadlines and mandatory filling requirements that must be undertaken to appeal negatives decisions. At AKM Law we can provide you with the necessary representation to help you with your appeal.

The Immigration and Refugee Protection board is made out of four divisions that have different responsibilities. Refugee Protection Division (RPD) and Refugee Appeal Division (RAD) only deals with issues related to refugee claimants, and refugees. Whereas Immigration Division (ID) and Immigration Appeal Division (IAD) deals with foreign nationals, and permanent residents.

Only holds 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 purpose, ID will hold a hearing to determine whether you will continued 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

Not all matters dealing with foreign nationals and permanent residency will have the right to appeal their decisions.

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

The following matters cannot be heard at the RAD but this list not comprehensive:

• A decision allowing or rejected the claim for refugee protection of a designated foreign national
• A decision that a refugee protection claim has been abandoned or withdrawn
• Refugee claims that were rejected due to a claim having no credible basis or is manifestly unfounded
• An individual who came directly or indirectly from a safe third country and made a refugee claim

Matters that cannot be appealed at IAD or RAD can be appealed to the Federal Court of Canada