HEARINGS AND APPEALS
ADMISSIBILITY HEARING
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Under Canada's immigration law, if the CBSA has reason to believe that you should not enter or remain in Canada, you may be ordered to appear at an immigration admissibility hearing before the Immigration Division of the IRB. A member (decision-maker) of the Immigration Division will then decide independently if you are admissible – that is, whether or not you may enter or remain in Canada.
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Immigration admissibility hearings are a serious matter. You may wish to hire a professional immigration consultant to help you.
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DETENTION REVIEW HEARING
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The CBSA's role is to manage, control and secure Canadian borders. It is responsible for detaining people who do not have the right to enter or stay in Canada, as well as for removing these people from the country.
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If you are a permanent resident or a foreign national, you have the right to an independent hearing to review why you are being detained. When the CBSA detains you, it must tell the Immigration Division of the IRB. An IRB decision-maker called a member will then hold a detention review hearing within 48 hours of your detention or as soon as possible afterward. At the end of your hearing, the member will decide whether you will be released or stay in detention.
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Detention is a serious matter. Although you can represent yourself in your hearing, you may want to hire counsel - a registered immigration consultant.
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SPONSORSHIP APPEAL
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If Immigration, Refugees and Citizenship Canada (IRCC) has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
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RESIDENCY OBLIGATION APPEAL
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Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer (also outside Canada) with Immigration, Refugees and Citizenship Canada (IRCC) finds that he or she has not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the CIC decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
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REMOVAL ORDER APPEAL
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A permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa who has been ordered removed from Canada, may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
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REFUGEE HEARING
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Your hearing is an important moment in the refugee protection process because the hearing is usually when the RPD decides whether you are a Convention Refugee or a person in need of protection.
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An immigration consultant who is a member in good standing of the Immigration Consultants of Canada Regulatory Council may represent you as counsel in your hearing.
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REFUGEE APPEAL
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Launched on December 15, 2012, the Refugee Appeal Division (RAD) considers appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. In most cases, there will be no hearing as the RAD will base its decision on the documents provided by the parties involved and the RPD record. The legislation that came into force on December 15, 2012, sets out who can appeal to the RAD.
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