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Appeals |
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| Appeals under the Immigration and Refugee
Protection Act |
Canada’s immigration laws provide
permanent residents with a number of appellate review mechanisms
under the Immigration Appeal Division (IAD), a court of equitable
jurisdiction, to address removal orders, refusals of sponsored applications
for permanent residence from members of the family class (spousal
relationships, adoptions, medical refusals, criminality, inadequate
financial arrangements for settlement), decisions relating to the
loss of residency requirements (failure by entrepreneurs to meet
terms and conditions, failure by a permanent resident to meet the
residency obligations as set out in section 28(2) IRPA).
A judicial review application is different from an appeal. On an
appeal, the judge decides the issues based on what the judge determined
to be the correct answer when the law is applied to the facts of
the case. Appeals are therefore, concerned with getting the right
decision.
Refused applicants for permanent residence have a right of appeal
with leave to the Federal Court of Canada.
A decision by the Refugee Protection Division (RPD) that a claimant
is not a protected person may be appealed to the Refugee Appeal
Division (RAD).
Canadian immigration law also prescribes formalities to permit
foreign nationals who are inadmissible to Canada on grounds of criminality
for certain offences, to overcome inadmissibility in meritorious
cases.
If you have made an application within or outside Canada for a
permanent resident visa and your application has been refused or
rejected, our immigration appeals attorney specialized in this area
of practice, can assist you in making an application for leave and
a judicial review of your negative decision.
Please complete the application form below and our scope of services,
fees and retainer will be sent to you via email.
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