The Law offices of Anabela Dias Cosme have extensive experience representing clients in immigration appeals and hearings. Whether you are a refugee claimant in Canada in need of representation, or your visa application was refused, or have lost your permanent residence status, recourses are available and we can represent and guide you through this process.
There are different types of immigration appeals, depending on what decision you are filing an appeal against. The appeal process is a complicated one and usually requires an experienced immigration lawyer.
1. Immigration Hearings
- Refugee Hearings
Canada offers refugee protection to people in Canada who fear persecution or whose removal from Canada would subject them to a danger of torture, a risk to their life or a risk of cruel and unusual treatment or punishment. Canada provides protection to thousands of people every year. The Refugee Protection Division of the Immigration and Refugee Board decides claims for refugee protection made by persons in Canada.
- Admissibility Hearings
The Immigration Division of the Immigration and Refugee Board conducts admissibility hearings for certain people believed to be inadmissible to or removable from Canada under the law. Certain categories of foreign nationals, including those who have already obtained temporary or permanent residence in Canada, are by law inadmissible to Canada. Among those we can find persons with criminal convictions, person who have not complied with the terms and conditions of their admission to Canada, and persons who have misrepresented themselves to immigration authorities. These hearings will determine if a person is in fact inadmissible and should be removed from Canada.
- Detention Review Hearings
The Immigration Division of the Immigration and Refugee Board also conducts detention reviews for most persons being detained under the Immigration and Refugee Protection Act. Persons can be detained if they pose a danger to the public, are unlikely to appear when so required by immigration authorities, or if their true identity is in question.
Any immigration decision can be challenged in Court in Canada. Appeals will be made either to the Federal Court of Canada by way of Judicial Review or to the Immigration Appeal Division.
- Appeals to the Federal Court
Under Canada’s immigration law, you can ask the Federal Court of Canada to review any decision related to immigration. Decisions may be challenged by way of Judicial Review. Examples of decisions that can be challenged before the Federal Court are a decision of the Immigration and Refugee Board to refuse a refugee claim, or a decision made by an immigration officer overseas to refuse a visa application. The Court can agree with the original decision or return the case to be re-decided by a different decision-maker. There are strict deadlines by which you are allowed to ask for a Judicial Review, so it is important to act quickly to preserve your appeal rights.
- Appeals to the Immigration Appeal Division
The Immigration Appeal Division (IAD) hears and decides appeals on immigration matters such as appeals from refused sponsorship applications, from removal orders and residency obligation appeals. Appeals must be filed within a prescribed period of the negative decision. It is imperative to act quickly in order to preserve a person’s appeal rights.
3. Immigration Petitions
- Inadmissibility problems
Persons who are inadmissible to Canada due to their past criminal activity or other reasons may be eligible to submit an appropriate application in order to overcome their inadmissibility and be admitted to or allowed to remain in Canada. One of the following applications should be submitted to the relevant Canadian authorities:
- Temporary Resident Permit
- Criminal rehabilitation
- Authorization to return to Canada