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APPEALS BEFORE IMMIGRATION

What Is the Immigration Appeals Division – And Should I Have A Lawyer?

The role of the Immigration Appeals Division of the Immigration & Refugee Board (ADIRP) is to:

You should definitely have a lawyer if you are involved with the Appeals Division of the Immigration & Refugee Board in any way, or if your application for anything has been denied and you need to appeal the decision.

The ADIRP is the court of record where public hearings are conducted on adversary system basis, according to established judicial rules and principles.  Lawyers appear regularly in this court. The ADIRP has the power, rights, and privileges vested by the superior court and may exercise jurisdiction as the hearings are not limited to reviewing the evidence that lead to a removal or refusal order.

What Matters Does the ADIRP Undertake?

Any and all matters involving removal or refusal order for permanent residents may be taken up for appeal at the ADIRP. However, the general outline for matters undertaken by the ADIRP, according to judicial principles, are:

Part of the function of the ADIRP is to ensure that the health and safety of existing Canadians are protected and that the security of the Canadian society is maintained.

Immigration Appeals LawyerShould I Have A Lawyer?

In matters where your permanent residency becomes an issue, you should definitely have a lawyer to improve your chances of gaining back your PR status. These are legal proceedings.

At the law office of Yasmeen Nizam, we proudly serve Alberta with legal representation when it comes to matters like immigration. We realize that getting your PR status revoked can have a profound impact on you and your family. We make sure that we work within the framework of the law to help you get the benefit of doubt you need to continue life as a Canadian resident.

Get A Lawyer For Appeals Before Immigration in Alberta

The Immigration Appeals Division of the Immigration & Refugee Board, formerly known as the Appeals before the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB), establishes the onset on which appeal decisions are made under the Immigration and Refugee Protection Act (IRPA).

What Does the IRPA State?

The IRPA allows specific people to appeal to the Appeals Division of the Immigration & Refugee Board in order to ensure that:

  • The person ordered to be removed from Canada after an admissibility hearing gets the benefit of a full hearing on allegations against them. As such, this allows the person to appeal for the removal of orders based on legal and factual questions and special considerations that may be warranted.
  • The reunion of permanent residents with their relatives from abroad is established through a review of refusal of sponsorship applications from members of the family. As such, refused spousal sponsorships can be appealed through the Appeals before Immigration.
  • The right of the permanent resident are maintained and given consideration through oral appeal to the Appeals Division of the Immigration and Refugee Board to determine the loss of residency status both, inside and outside of Canada.

If you are considering an appeal, or have an immigration appeal approaching, you should definitely consult with a lawyer.

Law – From the Immigration and Refugee Protection Act of Canada:

Division 7 – Right of Appeal

Competent jurisdiction

62. The Immigration Appeal Division is the competent Division of the Board with respect to appeals under this Division.
Marginal note:Right to appeal — visa refusal of family class

63. (1) A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa.

Right to appeal — visa and removal order

(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.

Right to appeal removal order

(3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.

Right of appeal — residency obligation

(4) A permanent resident may appeal tothe Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28.

Right of appeal — Minister

(5) The Minister may appeal to the Immigration Appeal Division against a decision of the Immigration Division in an admissibility hearing.

Call Edmonton Immigration Lawyer Yasmeen Nizam Today!