Immigration litigation arises where an individual has been asked to leave the country, or has been issued deportation or removal orders, or has been proven inadmissible in Canada, or has a member of the family arrested by the Canada Border Services Agency (CBSA). If something like this has happened to you or to a family member, it is highly essential to act immediately as most of these orders can be countered, challenged, or appealed within a stipulated period of time. A quick action can save you the day while even a little negligence can mar your chances of having an appeal seriously heard.
When such a situation arises, it is eminently imperative to consult legal experts who can guide you on legal matters, make your legal statements and can deal with the intricacies of law. Personal expertise might not always help in such cases as these are treated most seriously by both the CBSA and IRCC. Our consultancy firm is of team of extremely efficient, updated and experienced Canada immigration lawyers who can offer the most ingenious solutions to age-old problems that people caught in extraordinary circumstances may face. We make sure that you are safe and are treated with utmost respect and dignity. We also make sure that the entire procedure is carefully explained to you so that you do not feel lost or misguided at any point of time. We understand that you are caught in legal trouble and make sure that you are not harassed with unnecessary monetary demands or ill-behavior from our side.
When you contact us, we expect you to provide us with some significant documents in order for us to make a strong case for you, and to be able to argue in favor of your claim with proper validation. The things that you will be required to provide us are – a copy of the refusal letter/report or a notice that you have received from the Citizenship and Immigration Canada (CIC), or any other similar body in Canada. You will also be asked to submit a copy for your application form along with your ID/any valid identity proof. If there has been any communication in the form of a letter, email, or order to you from the Canadian government, or any of other authorized body, you will be asked to submit the same to us. We expect you to be honest and open to share all necessary information with us so that we can devise a plan of action accordingly. The timelines to apply for a revocation or an appeal is varied in every case and under every department/agency. It must be ensured that the appeal is made within the given time frame otherwise it is almost impossible to challenge the decision. Especially in cases where a deportation order has been issued, it is extremely important to act immediately so that a stay order can be appealed. Normally the minimum time limit is 15 days and maximum 60 days. In a detention case, there is a repeated review meeting after every few days and it is extremely important to add value to your argument within the stipulated time.
You are advised to take legal help in all such cases where legalities are concerned.
The Immigration Division as a tribunal branch of the Immigration and Refugee Board conducts admissibility hearings and detention reviews for those people who have been declared either inadmissible or removable from Canada for a variety of reasons.
Admissibility Hearings: You may be summoned before the Immigration Division if the Canada Border Service Agency (CBSA) suspects that you have violated the Immigration and Refugee Protection Act (IRPA). In this case, the CBSA forbids you to continue staying, or from entering Canada. A report is also generated by the division to claim why you are inadmissible to the country. Such admissibility hearings then proceed to the immigration Division of the Immigration and Refugee Board of Canada. The division then examines the applicant’s case thoroughly and takes the decision after analyzing if the individual can be permitted to stay, or to enter Canada. If you are found inadmissible, you will be asked to leave if you are living in Canada, or if you are outside you will not be allowed to enter Canada. In some cases, if a person is found inadmissible in Canada by the CBSA or IRPA, he/she may be referred to a Minister’s delegate who will issue the removal order. The responsibility of proving the permanent resident inadmissible lies with the minister. The matter is treated with seriousness and a great care is taken to involve unbiased members. All testimonies, documents and evidences are reviewed to establish make the decision fact-based. There can be a variety of reasons why a permanent resident is declared inadmissible in Canada under IRPA. The CBSA will refer your case to Immigration Division when it finds you inadmissible to Canada.
Security Grounds – Section 34 (1) of IRPA: Permanent residency or the plea for permanent residency of an applicant can be rejected by the Immigration Division if an applicant is found a suspected threat to national security or the personal security of any Canadian national. If you are suspected of espionage or found involved in terrorist activities as an individual or as a corporate house, you will be denied entry or continued stay in Canada. This is done to ensure the safety of the nation and its people.
Human or International Rights Violation Section 35 (1) IRPA: If an individual whether a permanent resident already or one wanting to be, is found involved in atrocities, ill-treatment, misconduct or disrespect to others, he/she will be denied permanent residency in Canada under Section 34 (1) of IRPA. Canada is immensely intolerant towards people who lack humanitarian values and good social conduct.
Serious Criminality and Criminality Section 36 (1) and (2): Any individual with a record of serious crime and misconduct will be referred by the IRPA to the Immigration Division for a review of his/her background check. In such cases, an individual can lose permanency residency status if the crime is proved by the Division. A serious crime refers to a crime committed by the permanent resident which carries a sentence of 1 year at least, or a sentence of imprisonment for 6 years at least. Such crimes are perceived to be the basis to declare an individual inadmissible in Canada. It does not matter if the crime and the sentence happened inside or outside Canada, in both the situations an individual will not be given permission to be a permanent resident of Canada.
Organized Criminality Section 37 (1) of IRPA: Organized criminality refers to a situation where a permanent resident or a Canadian citizen is found to be part of a suspect organization that is involved in criminal offense, or it is suspected that the organization has evil intentions towards the security of the nation. Any involvement with an organization of such disrepute can get removal or deportation orders for an individual. Even crimes like human trafficking and money laundering fall under the gamut of this Section.
Health Basis – Section 38 (1) of IRPA: If a foreign national is found to be seriously ailing from some disease which might prove threatening to the other Canadian nationals, or a disease which might put immense burden on Canadian health care and social services, he/she can be held as inadmissible to stay or enter in Canada. To decide such cases there are public policies defining how much health care demand is permissible. This figure is subject to change as Canadian Immigration laws change frequently. Latest guidelines have to be inquired when applying.
Financial Reasons – Section 39 of IRPA: Every permanent resident in Canada or a prospective Canadian citizen must guarantee full financial independence for himself/herself or the dependents. Wherever an individual fails to convince the immigration officer that he/she can take full financial responsibility of self and dependents, they will be deemed as unfit for Canadian immigration. In order to prove your financial status, you will have to provide all supporting documents of your income proof and other related documents wherever necessary.
Misrepresentation – Section 40 (A) of IRPA: If any non-Canadian wishing to immigrate to Canada, or a permanent resident in Canada attempts to forge incorrect documents, provide fake information or withholds necessary information about himself/herself, Canadian immigration law stands in full authority to take punitive measures against any such individual. Canadian immigration law expects you to fill all information carefully and honestly. Hiding necessary information or producing fake information can get you implicated. If you have been declared inadmissible to Canada, your sponsored relative and dependents will also be declared inadmissible to Canada.
Non-Compliance with the Act – Section 41 of IRPA: Any amount of resistance to following orders or any non-compliance of IRPA rules will make the individual inadmissible to Canada.
Inadmissible family Member – Section 42 (1) of IRPA: If a foreign national barring the protected persons are declared inadmissible as a family member of the principal applicant, or they are coming along with an inadmissible family member, they will be declared inadmissible to Canada. If you are declared inadmissible once, you will receive either removal orders or detention orders. However, you can make an appeal to the Immigration Appeal Division in some cases. All appeals under Section 34 (1) might not be heard otherwise appeals can be made to the division for a re-evaluation of your case.
Detention Reviews: Canadian Border Service Agency (CBSA) has the authority of detaining non-Canadians entering Canada or those living here as permanent residents on various suspicions. If a CBSA enquiry deems you as a threat to the security of the nation or an individual, or if you have committed a serious crime or a human rights violation, you will be detained. You can also be detained if a CBSA officer believes that you have not proven your identity convincingly with verifiable documents, or has doubts that you will not appear for a formal hearing, or respond to a removal order, you will be detained. Detainees then appear before the Immigration Division, a sub-unit under The Immigration and Refugee Board of Canada (IRB). Such an individual is held under vigilance in either a correctional facility or a minimum-security center made for detainees. Meanwhile, the immigration division makes in-depth inquiry of the detainee and ascertains if there is enough substantial proof to hold the person. This is done within 48 hours of detaining a person. Such a process is open to public scrutiny, media reporting and debate. Canada takes full responsibility in safeguarding its national security and takes these cases very seriously. The minister’s counsel will review the entire case and establish substantial grounds as to why an individual should be detained while the detainee’s counsel or the detainee himself/herself will argue against the charge. There are a variety of reasons why the detention order will not be revoked-
A complete background of the detainee is made to evaluate if the person has a permanent residence in Canada, if someone can bear testimony to his/her conduct, if he has been at good conduct with others etc. The division will also check if the person has a criminal record and/or has been declared a fugitive. It will be reviewed if the person has shown impudence towards Canadian law by not complying to significant court orders like removal orders, deportations order or departure orders.
The person will continue to be detained if it is proved that he/she is a threat to the national security or a potential threat for Canadian nationals. There will be a complete background check of the individual to review if he/she has ever been involved in criminal activities, as an individual or a member of an organization, if he/she was ever involved in transnational crime like human trafficking and money laundering. For a foreign national or a prospective new immigrant, the presiding officer may also inquire if the individual was ever convicted in his/her own country in past. If the individual is found convicted in any criminal offense in his/her native country, the review will include it in its report and decide accordingly. The division will take into consideration the over all conduct of the detainee towards the presiding officers and the members of the committee during the process of review too.
If an individual is not able to prove his/her identity, he/she will be deemed as a potential threat to the country and will be declared inadmissible. Failure to prove one’s identity also leads to suspicion of the individual being a criminal offender. Such a case is perceived as a treachery and is handled extremely seriously.
If the detention is considered valid, the minister’s counsel then decided the duration and terms of detention. Whatever the decision of the counsel, it has to be abide by. In some cases, the counsel might also suggest some alternative to detention wherever required. In cases where the detention review declares an individual detained, there will be another detention review within the next 7 days and this continues every 30 days of the detention period. The detainees has the right to request for a detention review early but with valid reasons. The detainee might be released wherever It is proven that the detention cause could not be substantially proven. We as a highly committed firm of competent Canada immigration lawyers can help you to make an appeal to the Immigration Appeal Division in such cases and will work night and day to solve the problem.
Immigration Appeal Division
We are a highly recommended firm for our remarkable client care and for our proactive approach towards custom solutions while appealing for immigration applications that are rejected. As we understand the gravity of the situation, we recruit the best Canada immigration lawyers to help you navigate through the choppy waters of legalities and bring the unique solution based on your application.
Immigration application is one of the most crucial documents in the whole process of immigrating to Canada and must be completed with honesty, accuracy and attention. Any information amiss or wrongly filled can lead to an irrevocable damage and in a lot many cases applications may be permanently rejected. However, what If your application is rejected after all? We have years of experience in making appeals on behalf of our clients to the Immigration Appeal Division (IAD), which is a recognized body to hear appeals on issues related to immigration, such as issuance of removal order, a sponsorship application getting rejected, residency obligation violation, or problems related to errors in application forms leading to their rejection. There are various ways in which appeals can be made to the Immigration Appeal Division based on what decision we are appealing against.
Sponsorship Appeal: People who have become Canadian citizens or permanent residents of Canada would love to be reunited with their family members living abroad. In such cases, permanent residents of Canada or Canadian citizens may wish to sponsor their family members to facilitate their application process to immigrate to Canada. However, a lot of times these applications meet with rejection from the immigration office for various reasons ranging from incorrect information to the applicants’ inability to provide documents or validation. Don’t worry there is a way this can be amended by making an appeal with the Immigration Appeal Division (IAD). Since this appeal is time-bound, it has to be filed within 30 days from the day the refusal letter was received. Further, the Minister of Immigration, Refugees and Citizenship Canada produces the appeal record within 120 days from the date the appeal was received. The hearing of these appeals is done with exceptional agility and speed so that applicants may find quick resolutions to their problems. Moreover, in cases where the division feels that there is no need to an appeal to wait for a formal hearing, the case is instantly forwarded to Alternative Dispute Resolution (ADR) which involves the applicant arguing for his/her case informally to the Member of the Immigration Appeal Division and the Minister’s counsel. The applicant’s lawyer can also ask for ADR if they want the proceedings to be held without formal hearing. In all other cases, an appeal is responded with a formal hearing on the basis of which the Immigration Appeal Division determines if the appeal has to be accepted or denied. Once the appeal is accepted, the application process will be advanced further by Immigration, Refugee and Citizenship Canada. However, there are certain grave cases where the rejection to an application cannot be revoked. Since national security and individual security of all Canadians is the prime responsibility of the Canadian government, no such application can move further where the government feels national threat to its security; or cases where the applicant has been involved in serious crime, human rights violation, or other forms of deviation from law.
Removal Order Appeals: Permanent residents of Canada or Canadian citizens who have received a removal order from the government of Canada can file for an appeal to the Immigration Appeal Division. This appeal is permitted to even convention refugees or protected persons who have received removal order and seek its revocation. Since such appeals are time-bound, the appeal has to be made within the 30 days after the removal order was received. A case will be made by the Minister or the Immigration Division within 45 days from the day the appeal was made. In some very rare cases, the Immigration Appeal Division may prefer arguing the case without a formal hearing, and therefore forward the appeal to Alternative Dispute Resolution (ADR) though this is not the standard norm in removal order appeals. If it’s a formal hearing, there will be a proper review of the appeal to ascertain if the appeal has to be accepted or denied. Once the appeal has been permitted, the applicant’s removal order will be repealed and the applicant can continue to live in Canada. However, if the appeal meets with stay order, the removal order goes on hold on a temporary basis and the applicant can continue to stay in Canada under certain terms and conditions. The appeal will then be re-evaluated by the Immigration Appeal division around the end of this period and assess if the appeal has to be accepted or rejected. If the appeal is denied again, the person will have to leave Canada.
Residency Obligation Appeals: Once an individual receives the permanent resident visa, the individual is obliged to stay in Canada for at least 730 days for over a period 5 years. In case of any withdrawal from this norm, there are high chances that the individual will either received departure order asking him/her leave the country or his/her permanent residency application will be rejected for renewal. If the departure order or the rejection of renewal of permanent residency is issued by a visa officer from Canada, the permanent resident can file an appeal within 30 days of receiving the departure order. However, if the order has been issued by a visa officer outside Canada, the permanent resident can take 60 days to submit an appeal with the Immigration Appeal Division (IAD). Once an appeal is made, the Ministry or the Immigration Appeal Division will furnish the record within 120 days of receiving of the date the appeal was submitted. The Immigration Appeal Division works with exceptional agility and speed in responding to these cases. There is a possibility that the Immigration Appeal Division will forward the appeal to Alternative Dispute Resolution (ADR) for an informal hearing otherwise a formal hearing will be arranged. There are two outcomes of the appeal made to Immigration Appeal Division –
If the appeal is met with approval, the permanent resident will be permitted to stay in Canada as permanent resident and his permanent resident status will be reinstated. In case, the permanent resident is outside Canada at the time of the appeal, a travel document will be issued to make it possible for him/her to return to Canada.
If the appeal is dismissed, the applicant’s permanent resident status will be abrogated. For those who are living in Canada at the time of the abrogation, a departure order will be issued. The departure order will become translated into a deportation order within next 30 days.
Need help?: We have a profound insight into immigration issues and have a team of highly committed Canada immigration lawyers to brainstorm strategic solutions to the most complicated legal issues. As a long-established firm with experience and acumen in handling appeals, we assure you that we will make the process hassle-free and smooth sailing for you. We can provide you with a range for legal assistance like preparing your appeal statement, collecting required details and documents, getting witness testimony where required, making the file error-free and without inconsistencies, and finally in providing you with representation and hearing. Our immigration lawyers have an immense knowledge of each aspect of immigration process and can have the ability to sail through without getting entangled in unnecessary troubles. Our clients have bestowed their complete trust in us and we have always come out with flying colors in getting their work done. If you become our client, expect the same level of dedication and resolution to serve you.
Interviews with IRCC and CBSA
At Port of Entries: With a refugee claim made at the port of entry or at the border, the IRCC and CBSA are responsible for attending to it in order to ensure that the claimant gets a just chance to present his/her case, and also to ensure that no wrong person can take undue advantage of provisions that Canadian government has made to help new immigrants to settle in the country. For that purpose, the CBSA is responsible for conducting interview at the port entry or border entry. These interviews are executed in two levels. First, CBSA officers will examine your documents and assess your claim. You will be asked to provide all required documents like visa document, travel document and passport along with the documents of the accompanying family member(s), if any. You will be asked questions to ascertain if you are admissible in the country like questions regarding medical and criminal history. You will also be asked about the duration of your stay and other necessary information to assess the validity of your claims. In the second level, it will be assessed on what commodities, papers or belongings you are bringing in Canada. You are commodities or personal belongings have to be permitted by the birder authorities to establish that you are not a potential danger to national security of Canada. You are not allowed to carry any items generally prohibited by Canadian border authorities like ammunition, fireworks, dairy product, fresh fruits and vegetables, or live plants or animals etc. will be asked. If your claim is found valid and you can convince the authorities of your identity, personal history along with verifiable documents, you will be allowed to enter the country. However, if your claim is found inadequately proven or lacks documentary proof, there will be another inquiry by a CBSA officer and meanwhile you can be prohibited from entering the country.
Interviews Within Canada: CBSA may call you for an interview for a variety of reasons while you are living in Canada as a permanent resident or waiting for permanent residency. The few common circumstances are –
You may be asked for an interview if you have submitted a pre-removal Risk Assessment application wherein you claim that you are under potential threat if removed from the country.
If you are found inadmissible in the country under any circumstances, you may be summoned for an interview.
At all such interviews, you may be asked to produce several documents like travel document, passport, vis, identity card, birth certificate, or any other documents issued by the Canadian government including documents of any police record, a criminal offense etc. All such documents have to be provided to the Board whenever asked. You will also be questioned about your job, routine, immigration history, pre-immigration history, and questions to establish your identity. All such documents of your family members may also be asked for assessment. In such a case where a person has already received a removal order from the Immigration Refugee Board, an interview will be conducted to make the removal quick and smooth. Wherever a CBSA officer suspects that you may not appear for the interview, the officer can send you detention orders to quicken your removal, or if the removal order has not been issued, the CBSA may also conduct an interview to issue the same. It is best advised to be honest and furnish the right information at these forums so as to save oneself from any dangerous implications of being seen as a traitor.
Interviews conducted by Immigration, Refugees and Citizenship Canada: You need to give an interview first to IRCC when you submit an application to enter Canada. The IRCC is responsible for reviewing your application, and establish if you are fit or unfit to enter Canada. A common practice for IRCC is to conduct such interviews in cases of spousal sponsorship but it might decide to schedule an interview for any case for which it deems necessary to make sufficient inquiries. An interview conducted by IRCC can take place either in Canada or in the place of residence of the applicant. You are provided with all the information of the interview in the letter that you receive from IRCC. Under all circumstances you are required to go for the interview but in case you are not able to do so, furnish a substantial reason for postponement. The IRCC will then reschedule the interview for a later date. In case you miss a scheduled interview, you are supposed to make a contact with IRCC at the earliest and request for rescheduling the interview. However, it is advisable to hold these interviews as very important and accede to them at the earliest.
At all such interviews, you may be asked to produce several documents like travel passport, visa, identity card, birth certificate, or any other necessary documents to establish your claims. You have to ensure that the documents furnished are verifiable, authentic and true. The IRCC will ask questions as per the claim that you are making in order to verify the integrity of your claims. You will also be questioned about your job, routine, medical history, criminal history, and questions to establish your identity. Your conduct during the interview will be observed by the officers making the inquiry. Any misconduct, deliberate tampering with documents or facts might prove detrimental to your case. If the IRCC officer suspects you of lying or of providing fake documents, your application will stand rejected with a ban from entering Canada for at least 5 years.
In order to ensure that you do not make any mistake at any level, it is imperative to hire legal services as only efficient and experienced Canada immigration lawyers can help you in navigating from the difficult legal situations as are obvious in such cases. Any small careless mistake or a miscalculation can lead to damaging results. Our firm makes sure that our clients feel safe with us and can confide their doubts in us. We will make you sail through the process without major impediments.
Refugee Protection Division
The Refugee Protection Division (RPD) is an administrative tribunal branch of the Immigration and Refugee Bard of Canada. It is aimed at representing the people in Canada with protected person status and for those who claim for this status under extraordinary circumstances as define under the refugee law. A person can make a claim for protection at even the entry point or border of the country. This division is accountable for taking well-researched, unbiased and appropriate decisions on all immigration and refugee issues. An individual with protected person status, or anyone in need of protection can make claims to the Immigration, Refugees and Citizenship Canada (IRCC) even at the entry or at the border of the country. There are two categories under which you can claim refugee status- a) convention refugee or (b) refugee in need of protection.
Steps to be followed: You can make a claim for refugee protection at the entry point or the border of Canada. The first step for doing so is to give an interview to an officer from Canadian Border and Services Agency (CBSA) who will assess if you are eligible as per the standard regulations. The officer supervising your case will examine your claim for protection thoroughly and also review in case you might not be admissible in Canada on any of the specified grounds. If your claim is established as valid, you will be referred to the Refugee Protection Division (RPD) for a further decision on your claim. Once the RPD also gives a nod of consent to your claim, you will be given a Basis of Claim (BOC) form – a document you fill with complete information, along with all verifiable documents. This form acts like both a claim and an oath to the Canadian government that all information provided by you is accurate and true. If the claim is found false or contrived, it can lead to adverse consequences for the claimant. All necessary documents to prove your identity must also be furnished along with other required documents. In case an applicant is not able to procure all necessary information, the officer might ask for witnesses, testimonies, or other means to prove the case as valid. One BOC form for each member of the family must be submitted within 15 days. If an individual makes a claim at the point of entry or at the border, he/she will be asked to produce the BOC form by the Refugee Protection Division (RPD) in the next 15 days at least starting from the time the claim was made. In cases where claims are made in Canada, the BOC form must be submitted to an officer from Refugee Protection Division (RPD). The presiding officer will then thoroughly review the claim and asses if it can be sent for further proceedings to RPD. If the individual is found inadmissible on any of the specified grounds, he/she will be denied protection status and admissibility in Canada by the CBSA. A person can be found inadmissible if he/she has a record of being involved in spying, terrorism, criminal offense, human rights violation, human trafficking, drug sales, money laundering etc. If the claim is proved valid, the person claiming protection status will be permitted to remain in Canada while his/her refugee claim is being processed by the authorities. The refugee claimant has the full responsibility of establishing his/ger refugee status on facts and verifiable documentation. All facts that are presented before the tribunal are to be honest, factual, and authentic. Any fake claims or false documentation can lead to adverse results in the matter.
Convention Refugees: Any person desirous of living as a refugee in another country and not wanting to return to his/her native country for the fear of persecution, life threat or social condemnation is called a convention refugee. These people can be under threat for reasons like race, ethnicity, national identity, creed, political opinion, political allegiance, or religion. Mostly they are either under threat of life, or at a high risk of being tortured or condemned in their country/ or the country of previous residence. These people can claim that they need protection because their life is under threat in their country of origin or earlier country of residence. To prove that you are someone in need of protection for fear of death, damage or torture, you need to present your case to the Refugee Protection Board (RPD) which is the authorized body to decide if your case is authentic and needs hearing. All subsequent legalities will take place accordingly.
Who can make the claim? You cannot apply for refugee status or for protection status: (a) if you have been given refugee status in any country earlier, whether native or country of residence, (b) if your claim was rejected for some reason earlier, (c) if you had made an earlier claim that could not be validated or proven and was therefore rejected, (d) if you have a record of serious offense, criminal activities, terrorism or organized crime.
Other Applicable Conditions: People with refugee status or protection status in Canada have to follow certain rules. According to the Safe Third Country Agreement between USA and Canada, any refugee claimant must first seek refugee status in the first country of entry in North America and then later claim it in the second country. However, there are some conditions that would exempt those on which any of the following applies-
If a claimant already as a family member of at least 18 years old living in Canada as a permanent resident or a Canadian citizen with a valid work permit and has his refugee status claim processing with the Immigration Refugee Board.
If anyone below 18 years old is entering the country without a parent, grandparent, coming with them, or they do not even have a parent or guardian living in Canada or USA as permanent residents.
If you have any of the following – a Canadian visa, or a valid work permit or a study or a traveling document issued by the Canadian government, or you may be someone who does not need a visa to enter Canada though you may be required to have a visa to enter USA.
If you have been convicted of a serious crime with the possibility of a death sentence.
How Refugee Protection Division works? Once you have made a claim, the immigration Protection Division will review your case thoroughly and decide if you are to be permitted the protection status or refused. If you can prove that you are under threat of persecution for any of the defined reasons, you will be given the status of a convention refugee. Accordingly, all other statuses are decided based on claims made. If you are accorded the protected person status, you can further proceed with your application of permanent residency. If you are not able to prove the terms on the basis which you seek refuge in Canada, a removal order will be issues and you will be asked to leave the country within the stipulated time period. In such a case, you can then make an appeal to the Refugee Appeal Division. If RAD takes a decision in your favor, it will be further reviewed by the Minister’s counsel who has the final authority to either grant permission to stay or ask the Board to re-assess your case. Once you have been granted permanent resident status in Canada, you have to abide by certain set rules to maintain your status as a protected person, a convention refugee or a refugee. You cannot travel back to the country from which who were seeking refuge in the first place, you cannot obtain a passport from that country and you cannot try to return to that country. In cases where you are no longer a person under risk of persecution or torture, again the status of refugee or a protected person will be repealed. Any lies in the process, misrepresentations, false documentations can prove to have adversarial results for the claimant, hence, all claims made must be true and authentic. Process to be Followed-
You have to apply for a refugee status in Canada.
Your eligibility will be assessed by the officers.
You will fill the BOC form and provide proper documents to prove the claims.
Your petition will be moved to RPD who will then schedule a formal hearing so that your case may be argued.
A decision is taken after you appear before the division and make claims with proper verifiable documents.
You are granted the status of a protected person.
Otherwise, your claim will be rejected and you will be issued removal orders. Then you have the right to appeal to the Refugee Appeal Division who will review your case and assess if you not inadmissible in Canada, along with all other necessary details. There are certain cases where do not qualify for making the appeal to the division, for instance you are a suspect of criminal activities, serious crime, espionage or terrorism. You can seek our experienced consultation of you wish to make claims for refugee status, we will take care of you from the filing of the application to the last step. You can completely trust in our services based on the ethics of commitment, care and sensitivity towards unique cases.
Refugee Appeal Division
Refugee Appeal Division is a tribunal branch of Immigration and Refugee Board that provides refugee claimants another opportunity to argue their case where the Refugee Protection Division had already rejected the claim, or in circumstances where the claimant is in the position to provide better evidence to validate his/her claim than before. The division has full right to accept the appeal, or reject it according to the documents and information provided and after assessing a person’s appeal properly. This appeal is fundamentally paper-based and may require a formal hearing in a few extraordinary or exceptional cases. The claimant may also request for a formal hearing though it is necessary that such a request will be served. The appeals made to the Refugee Appeal Division are reviewed finally by the Minister who has full authority to question the decision of granting refugee status, or hold your case if they find it wanting or inadequate on facts.
Who cannot make the appeal to Refugee Appeal Division? You can be declared ineligible to file an appeal if any of the stated conditions apply to you. The Division may refuse your claim if it is found false, baseless or unverifiable. Your claim may also may not be appealed if any of the exceptions as per Safe Third Country Agreement applies to you. If your refugee claims was either withdrawn or rejected prior to the present claim, you lose a chance to make another claim. If you have ever been convicted of a serious crime, or have been asked to cease your refugee status, or have ever been repudiated for a refugee status, or asked to surrender under the Extradition Act, then you ca not make an appeal to the division.
Possible Outcomes of making a claim with the Refugee Appeal Division: When an individual is refused a refugee status by the Refugee Protection Division, he/she can apply to Refugee Appeal Division who will then assess the case with or without formal hearing as required, review the documents and the decision will be taken in your favor. In cases where the appeal is refused, a removal order will be given to the claimant who will be asked to leave the country within a specified period. In some cases, the appeal is forwarded to Refugee Protection Division for a re-evaluation. When the claim is accepted and a person is granted the protested person status or the refugee status, the person can then apply for permanent resident status in Canada. Once you have been granted permanent resident status in Canada, you have to abide by certain set rules to maintain your status as a protected person, a convention refugee or a refugee. You cannot travel back to the country from which who were seeking refuge in the first place, you cannot obtain a passport from that country and you cannot try to return to that country. In cases where you are no longer a person under risk of persecution or torture, again the status of refugee or a protected person will be repealed. Any lies in the process, misrepresentations, false documentations can prove to have adversarial results for the claimant, hence, all claims made must be true and authentic.