Permanent Resident Appeals

If your are a permanent resident of Canada (or a foreign national holding a permanent resident visa) and have been referred to the Immigration Division or have been issued a removal order, you may be able to appeal your case to the Immigration Appeal Division (”IAD”) of the Immigration and Refugee Board of Canada.

There are two levels of Tribunals, with the Immigration Division dealing with initial referrals from appeals for visa refusals based on a number of issues

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REFERRALS BY IMMIGRATION OFFICERS TO IMMIGRATION DIVISION HEARINGS

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  • Permanent Resident is criminally inadmissible
  • Permanent Resident failed to meet residency obligations (2 out of 5 year rule)
  • Other losses of permanent residence

The Immigration Division will make a finding on your case and can grant you a stay or make a further removal order from Canada. In many circumstances you may have an opportunity to appeal your case to the Immigration Appeal Division.

IMMIGRATION APPEAL DIVISION HEARINGS

  • Appeals from removal orders made at the Immigration Division
  • Appeals from failure to meet residency obligations

At the Immigration Appeal Division level you will have an opportunity to convince the Tribunal that factual or legal errors were made in your case. Moreover, in most appeal cases you will also have an opportunity to make “humanitarian and compassionate” submissions to the Tribunal. This last consideration is very useful in cases where the sponsorship falls clearly outside the scope of the law, but where the family would suffer unusual and disproportionate hardship from the continued separation.

Should you have further questions we invite you to contact our office and schedule a consultation with a lawyer. We can assist you to understand the merit of your case and help you to decide whether pursuing an appeal is the right course of action for your case.

Immigration Assessment Recommendations from our Clients

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Mitelut International
Law Corporation & Notary Public Office

Suite 804 - 525 Seymour Street
Vancouver, British Columbia, V6H 3B7
Canada

Tel: 604-678-9180
Fax: 604-678-9182
eMail: info@mitelut.com

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