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Immigration Appeals

Navigating through immigration appeals can be a daunting task. Let the seasoned professionals at GM Law illuminate the path to a successful appeal, ensuring your voice is heard and your case is strongly represented.

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In the realm of Canadian immigration, unfavorable decisions may not signify the end of your journey. With the provision of immigration appeals, there exists a beacon of hope. Here, at GM Law, we stand at the forefront, providing expert legal counsel and robust representation to those navigating the often-complex appeal process.

Understanding Immigration Appeals

An immigration appeal is a legal mechanism allowing individuals to challenge unfavorable decisions made by Immigration, Refugees, and Citizenship Canada (IRCC), or the Canada Border Services Agency (CBSA). It is designed to uphold the principles of justice and fairness, offering an opportunity for a superior authority to review the decision made in your case.

The Appeal Process in Canada

The appeal process in Canada involves several stages, including the filing of a notice of appeal, preparation of written arguments, and attendance at a hearing before the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). This complex procedure demands a detailed understanding of the law and an insightful examination of your case’s facts.

Step 1: Receipt of Unfavorable Decision

The appeal process begins when an individual or a sponsor receives an unfavorable decision from either the Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA).

Step 2: Filing a Notice of Appeal

Once the decision has been received, the individual or sponsor has a limited time within which to file a notice of appeal with the Immigration Appeal Division (IAD). This notice must outline the reasons why the individual believes the original decision was incorrect.

Step 3: Preparation of Appeal Record

The IRCC or CBSA prepares an appeal record, a file containing all the documents and information related to the initial decision. The appellant (individual or sponsor appealing the decision) will receive a copy of this record.

Step 4: Submission of Written Arguments

After receiving and reviewing the appeal record, the appellant, often through their lawyer, will submit their written arguments. These are detailed submissions that outline the reasons why the decision should be overturned, often involving legal arguments, factual clarifications, or new evidence.

Step 5: Appeal Hearing

An oral hearing will take place in which the appellant presents their case. The hearing involves presenting evidence, cross-examining witnesses, and making legal arguments before a member of the IAD. The Minister’s Counsel will represent the government, arguing in favor of the original decision.

Step 6: Decision on the Appeal

After the hearing, the IAD will make a decision on the appeal. This decision could be a confirmation of the original decision, a referral back to the IRCC or CBSA for a new decision, or a setting aside of the original decision.

Step 7: Post Decision Actions

Depending on the decision of the IAD, the appellant may need to take further action. If the appeal is successful, the original decision is no longer in effect. If the appeal is unsuccessful, the appellant might consider appealing the decision to the Federal Court, depending on the circumstances.

Types of Immigration Appeals

The Immigration Appeal Division (IAD) typically hears various types of immigration appeals. They include Sponsorship Appeals, where a sponsor can challenge the refusal of a sponsored family member’s application for permanent residence. Removal Order Appeals offer some individuals ordered to leave Canada the chance to contest the removal order. Residency Obligation Appeals provide permanent residents who’ve lost their status due to not fulfilling their residency obligations the opportunity to appeal.

Navigating the various types of immigration appeals can be complex, but understanding them is crucial for choosing the right course of action. At GM Law, we handle the following types of immigration appeals:

Sponsorship Appeals

These appeals arise when an application for permanent residence of a family member sponsored by a Canadian citizen or permanent resident is denied. The sponsor has the right to challenge the refusal, asserting that the application was unjustly rejected.

Removal Order Appeals

When an individual receives a removal order – a directive to leave Canada – they may have the right to appeal this decision. These appeals are generally complex and can involve contesting legal findings of inadmissibility or asserting humanitarian and compassionate reasons to remain in Canada.

Residency Obligation Appeals

Permanent residents must live in Canada for at least two years in a five-year period, according to the residency obligation. If someone fails to meet this obligation and loses their status, they can appeal the decision, often arguing that unique circumstances prevented them from fulfilling their residency obligation.

GM Law: Your Ally in Immigration Appeals

At GM Law, we leverage our comprehensive knowledge and experience in Canadian immigration law to guide you through your appeal process. We embark on this journey by thoroughly understanding your case, pinpointing the refusal’s reasoning, and identifying potential grounds for appeal. Our strategic planning ensures a persuasive argument tailored to your case’s specifics.

We assist in the meticulous preparation and filing of the notice of appeal, ensuring absolute compliance with procedural mandates and deadlines. Our endeavor is to present your case in the best possible light, enhancing the chances of a successful appeal.

Our legal team crafts compelling written arguments to present to the IAD, strategically articulating your case. At the hearing, we ensure robust representation, presenting your case effectively, cross-examining witnesses, and delivering strong legal arguments.

Whether your appeal is successful or unsuccessful, GM Law provides comprehensive guidance for the next steps. Celebrating your success or, in the case of an unsuccessful appeal, exploring further legal avenues – we stand by your side at every stage.

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