Persons who fear persecution in their home country (or country of their habitual residence), in order to seek refugee protection, must first be outside of that country and must be unable or, due to a well founded fear, unwilling to avail themselves of the protection of that country (or return there). A claim for refugee protection may be made in Canada at ports of entry or at inland offices at any time throughout the administrative or admissibility hearing process until a removal order is made.
A claim for protection may also be made outside of Canada, at a Canadian Embassy or High Commission, under the Convention refugee abroad class and members of the Humanitarian-protected persons abroad class (Country of asylum and Source country classes).
Immigration Appeal Division
Our consultants have appeared on immigration appeals before in the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).
We appear on the following matters before the IAD:
Residency Immigration Appeals – where a permanent resident is alleged by the Canadian Border Services not to have fulfilled the residency requirement, and their permanent residence status has been revoked;
Sponsorship Immigration Appeals – where your attempt to sponsor a family member has rejected by the Immigration authorities;
Removal Order Appeals – where a permanent resident is accused of criminality, misrepresentation, or other immigration offences, and is ordered to be removed from Canada;
In each case, you need to contact us as soon as possible and fax or email us a copy of relevant correspondence from the Canada Immigration office or officer, we will reply immediately, to fix an appointment to start work on your immigration appeal.
- Residency appeals must be filed within 60 days of the decision.
- Sponsorship appeals have to be filed within 30 days of receipt of the refusal letter.
- Removal Order appeals must be filed within 30 days of receipt of the removal order.
- InFederal Court be filed within 15 days.
It is important to act quickly on all immigration appeals.
In all cases, it will be our aim to keep you in Canada until your appeal is heard. Very sadly, many mistakes are made in processing immigration applications. Sometimes the fault is caused by incompetent preparation of an application by the applicant him or herself, or by an immigration consultant. Sometimes the fault is of the government employee who processed the application. In all cases, it is important to get a second opinion from a consulting firm experienced in these fields. Frequently consideration needs to be given to the arguing of Humanitarian and Compassionate grounds to remain in Canada, even if the visa officer has not made a mistake on substantive grounds.
We are pleased to offer urgent second opinions on immigration cases that have gone wrong and to continue to represent you, if needs be.
Should a Panel Member (for those seeking refugee protection inside Canada) or an Immigration Officer (for those applying for protection outside Canada under the Convention refugee abroad and/or members of the Humanitarian-protected persons abroad classes) refuse an application for protection, the Claimant will be advised in writing of the reasons for the refusal. The Claimant may file an Application for Leave and Judicial Review within fifteen (15) days of receiving the negative decision from the Immigration and Refugee Board (IRB), Refugee Protection Division (RPD), or sixty (60) days of receiving the refusal letter from a Canadian visa post abroad.
If you have any questions or concerns associated with claiming refugee status in Canada, or appealing a negative decision in that regard, please contact our office.