Hearings & Appeals
A failed claim is now eligible for appeal to the RAD (Refugee Appeal Division). The timeline to provide notice of appeal to the IRB-RAD is very short, and the amount of time allowed to ‘prefect’ an appeal is not very generous. Call sooner than later if this is a service you are asking about.
A hearing is your opportunity to present evidence and witnesses to a member of the Refugee Protection Division. There is a formal process for this with strict timelines and rules. The Minister may intervene and send Counsel, which generally means the Minister is opposed to your refugee claim for one of many possible reasons.
This type of hearing is a result of a request by the Canada Border Services agency via a report to the Immigration Division when it is believed that a foreign national or permanent resident is in violation of the Immigration and Refugee Protection Act and is inadmissible to Canada. These hearings are largely administrative in nature with little room for argument—but if you are in this situation you should call us immediately.
If you have been detained by the Canada Border Services Agency for immigration reasons, a detention review will happen shortly to determine if you are unlikely to appear for an examination, are a danger to the public, are inadmissible for criminality or have failed to establish your identity. The detention review is conducted by the Immigration Division within 48 hours, with another review in 7 days and subsequent reviews every 30 days.
An applicant for immigration to Canada may be refused on health grounds if their condition is likely to be a danger to public health or safety, or expected to cause excessive demand on health or social services. The threshold for such ‘excessive’ demand is rather low, so it is important you contact us when you are notified by CIC of a possible medical inadmissibility.
Family Class Appeals
If your application to sponsor your spouse was denied, you may have access to an appeal. There are strict timelines at the Immigration Appeal Division so it’s best to call us sooner than later.