Understanding Immigration Appeal
If you have been denied by the Immigration and Refugee Board of Canada on either of a number of grounds including an error in law, or fact, in the decision or if the decision made was unfair or unreasonable, you may appeal your immigration decision.
The application process has two steps. The first step is filing your notice of your intention to appeal while the following step involves filing a Memorandum of fact and law outlining the reasons for your appeal. A leave may be granted if the court decides that there is an issue warranting a hearing upon review. This is followed by oral hearing. If you are subjected to a removal order during this time, it is automatically put on hold and you may stay in Canada until a decision on your appeal is reached.
Appeals (i) from Family class sponsorship, (ii) against removal orders made against permanent residents and convention refugees and other protected persons, (iii) by permanent residents found outside of Canada failing to meet the 730 days of physical presence in Canada every five years and lastly (iv) by the Minister of Public Safety made in favour of hopeful immigrants are heard by the Immigration Appeal Division (IAD).
You will have to file your appeal with 30 days of receiving your family sponsorship refusal or within 15 days of receiving your removal order. If your appeal at the Immigration Appeal Division (IAD) is denied, you may apply for Judicial Review at a Federal Court.
How can PPS LAW PROFESSIONAL CORPORATION help you?
If you require further assistance in the above matter, please contact us. We are Immigrant-founded, multilingual and accommodating to cater the needs of all walks of life including the working-class community. As experienced professionals, we have been successfully assisting clients in this matter to their satisfaction. Contact us today.