If you, a family member, or an employee has had an application refused, are facing allegations of admissibility, are facing deportation, or is detained, time is crucial.
There are limitation periods (time limits) that need to be followed to preserve the person’s rights. The first step is to make an immediate call to us.
Refused Applications
The refusal decision may be made by officers in Canada or overseas. The location of the refusal, whether it was made by immigration or citizenship officials changes the deadlines for challenging the decision. Different limitation periods apply – 15, 30 or 60 days, within which the decision must be challenged. This is critical to understanding the timeline under which we are operating.
Detentions
If someone is detained, there is generally a timeline for the review of detention. In most cases there will be a review 48 hours after the detention, another in 7 days, then every 30 days thereafter. In some cases, it may be possible to move a deadline forward.
Immigration Appeal Division
The process for appeals to the Immigration Appeal Division varies depending on the type of decision being appealed.
Sponsorship Appeals
These appeals must be filed within 30 days of receipt of the refusal letter. An Appeal Record for the case is produced by the Minister of Immigration, Refugees and Citizenship Canada no later than 120 days from the date requested. Where it appears that the appeal can be resolved without a formal hearing, the Immigration Appeal Division may suggest that the appeal proceed to Alternative Dispute Resolution (ADR), which involves an informal meeting of the appellant, the Minister’s Counsel and the Member of the Immigration Appeal Division. Appellants' counsel can also ask for ADR. If a decision is made at ADR, there is no need for a hearing. In all other circumstances, a hearing will be scheduled, following which the Immigration Appeal Division will decide to either allow or dismiss the appeal. If the appeal is allowed, processing of the application will be resumed by Immigration, Refugee and Citizenship Canada.
Note that, some persons cannot file an appeal of a refused sponsorship application. This includes sponsors of applications for permanent residence involving persons who are inadmissible to Canada on grounds of security, human or international rights violations, certain serious criminality, organized criminality or misrepresentation.
Removal order appeals
Persons who have received a removal order and who are permanent residents or permanent resident visa holders may appeal their removal to the Immigration Appeal Division. Convention Refugees or Protected Persons may also seek a removal order appeal. Appeals must be filed 30 days after receipt of the removal order. The Minister or the Immigration Division must then provide the record within 45 days of a request for the same from the Immigration Appeal Division. The Immigration Appeal division may suggest that the appeal proceeds by ADR. Where a hearing is scheduled at the Immigration Appeal Division, a decision will be made to either allow or dismiss the appeal. If the appeal is allowed, then the removal order will be cancelled and the person will be allowed to remain in Canada. If the appeal is stayed, then the removal is temporarily on hold and the person will be allowed to remain in Canada under certain specified conditions for a period of time. The appeal will then be reconsidered at the end of this period of time by the Immigration Appeal Division. At that time, the Division may decide to allow the appeal, continue the stay or dismiss the appeal. If the appeal is dismissed, then the person is removable from Canada at any time.
Residency obligation appeals
To maintain permanent resident status PRs are required to be physically present in Canada for at least 730 days over a 5 year period. Where a finding is made that the individual has not met these requirements, renewal of permanent residence may be refused and/or a departure order may be issued. If the decision is issued in Canada, then the permanent resident will have 30 days to file the appeal from the date of the departure order. If the decision is made by an overseas Canadian visa office (i.e. to issue a travel document), then the permanent resident has 60 days from the date of the decision to file the appeal. Following the filing of the notice of appeal, an appeal record will be produced by the Minister within 120 days of the date requested. The IAD member may suggest that the appeal be dealt with through alternative dispute resolution. If the ADR is successful, then a hearing will not be required. If it is not, then a hearing will be scheduled. Two possible resolutions can flow from the hearing of residency obligations appeal:
the appeal can be allowed, and permanent resident status will be maintained. If the appellant is not already in Canada when the appeal is allowed, then a travel document will be issued;
the appeal can be dismissed, and permanent resident status will be revoked. If the appellant is in Canada, a departure order that converts to a deportation order within thirty days will be issued.
Immigration Division
Detention Reviews
Within 48 hours of being detained (or as soon as possible thereafter), the Immigration Division will hold a detention review to review the reasons for detention. At a Detention Review, the Minister’s counsel will try to justify why continued detention is required while the detainee and/or immigration practitioner will argue for release. At the hearing, the Immigration Division Member must determine if the continued detention of an individual is justified under the following grounds.
It is reasonably likely that the individual will not appear for an examination, hearing or removal.
The Individual is a danger to the public.
Finally, detention may be imposed on a foreign national where identity cannot be established and identity must be established to make determinations on any safety, security or inadmissibility concerns.
Admissibility Hearings
Inadmissibility hearings are requested by Canada Border Services Agency (CBSA) officials because they think that a foreign national or a permanent resident has breached the IRPA and therefore is no longer admissible to Canada. CBSA officials may make a report (known as a s.44(1) report) detailing the grounds on which they believe an individual is inadmissible to Canada. The report is sent to the Minister’s Delegate who will then decide if the report is well-founded and if so, may refer the permanent resident or foreign national to the Immigration Division for an admissibility hearing or issue a removal order.
At Caballero ProFuture Immigration Inc. you will receive the help you need to achieve your Immigration goals. We guide you to find the best and most cost-effective way to enter Canada. We determine the immigration program that fits your profile and we handle on your behalf the entire immigration process smoothly from start to finish. CONTACT US TODAY.
