Appeals / Detention Review
If a family member that you are sponsoring is faced with inadmissibility concerns when applying to enter in Canada, the consequences could be very serious. If you are a permanent resident, but an issue has been identified regarding your any of your responsibilities to maintain your status, you could face removal. If faced with such a scenario, the experienced team at Mansouri Firm can work with you to ensure that your situation is handled fairly. If your ability to remain in Canada, or the ability of a family member to enter Canada is jeopardized, you should not face this alone.
There can never be guarantees that an application will be successful, and even when successful, the immigration process doesn’t end once you have obtained status. There are responsibilities to uphold, and your ability to enter or remain in Canada may be taken from you due to any failure to comply. In many of these cases, remedies are available; the right of appeal being among the most powerful. Like the process of immigration to Canada in general, an immigration appeal hearing can be very complex. If your specific situation grants you the right of appeal, you also have the right to be represented. As Registered Canadian Immigration Consultants under Immigration Consultants of Canada Regulatory Council (ICCRC), Mansouri Firm can help you.
If you believe that a decision against you was wrong, and you have a right to appeal, you will be granted an opportunity to be heard. You can present evidence to prove your case. You can bring witnesses. You have a right to an interpreter if necessary. However, you will need to have an understanding of the law, and be able to show how the evidence that you’ve gathered supports your argument.
Another important point to note is that the appeal process is adversarial, which means that while you are permitted to argue your side, The Minister’s Counsel can also present evidence to back the original claim against you. They can question you, question witnesses (yours or their own), and make arguments against your appeal. In enlisting the help of Manouri Firm, you enlist representation that will help you gather any relevant evidence, prepare you for the hearing, and make sure that all important details are in order for you. Our experts understand the law, and will give you the honest help that you need to make your argument as strong as possible.
The immigration appeal process takes place under the purview of the Immigration Appeal Division (IAD). This is an administrative tribunal, which operates similarly to a court of law. Its purpose is to address removal orders, refusals of certain sponsored applications for permanent residence from members of the family class, decisions relating to failure to meet residency requirements, and other instances. For cases dealing with refugees, there is a similar, but separate tribunal that hears these cases. If the issues that has arisen leads to a decision stating that a claimant is not a protected person, this finding may be appealed to the Refugee Appeal Division (RAD).
If you are faced with a serious issue that threatens your own immigration status, or the status of a loved one you are sponsoring for immigration to Canada, please don’t face this alone. Mansouri Firm can help. An application rejection or a removal order decision is not always the end of the line. There are many situations where you may be eligible to appeal. Even simply understanding if/when you have a right of appeal can be complicated and complex. Oftentimes, permanent residents or refugees who have received a removal order from Canada have a right of appeal to the IAD or RAD and might not even know. With so much at stake, it is strongly recommended that you seek out the assistance of professionals who have been in this situation before. Our team has been there. We can help you.
It is important to remember that Canadian immigration law is exactly that – law. The governing body that oversees the application process for applying to immigrate to Canada (called Immigration, Refugees, and Citizenship Canada, or IRCC) is related to, but separate from the governing body that enforces the laws. This agency, called the Canada Border Services Agency (CBSA) may detain, or hold, a foreign national or permanent resident, if it has reasonable grounds to believe that the person:
- Is unlikely to appear for an examination, hearing or removal
- Has not established his/her identity
- Is a danger to the public
- Is inadmissible (meaning he or she is not allowed to enter or remain in Canada under specific terms)
If you find yourself at odds with CBSA, it is imperative that you understand the seriousness of the situation. You have the right to representation and it is strongly advised that you obtain competent representation as soon as possible.
If you are detained, the process moves quickly. The CBSA will notify the Immigration and Refugee Board (IRB) of your detention and a member of the Immigration Division (ID) will review the reasons for your detention at a hearing called a detention review within 48 hours of your detention. The ID will consider why you were detained and whether or not the reason for your detention still exists. The Minister’s counsel will make his or her argument for why you should remain detained. The ID member will hear the argument, but grant you the opportunity to respond. This is where representation comes in. The team at Mansouri understands Canadian immigration law, and we have experience in this complicated area. We will be able to challenge the argument against you according to the law. We will help you gather and present the appropriate evidence to help give you the best chance to defend yourself.
If detained, you may be held in a provincial correctional facility or in an immigration holding center. While the review process starts promptly, it can be a long, drawn out process that lasts for weeks or even months. This can cause a great deal of stress, but retaining counsel can ease some of this. Based on the evidence provided at these detention reviews, the ID may order your release, with or without conditions, or maintain your detention. Retaining professionals who understand the law and the detention review process will help you understand what you are up against, and give you the best chance for a favorable outcome.
There is a lot at stake in a detention review hearing. Seek the help of Mansouri Firm to guide you through the process.
Why Work with Us?
The experts at Mansouri Canadian Immigration Services (or Mansouri Firm) are here for you. We are dedicated and attentive. Our aim is to help you understand your options, and to guide you along the complex application process ahead. Every case is unique, so we make sure that we understand your personal situation. We have experience with a great number of immigration programs for Canada, and we will do our best to find the right pathway for you.
The details of your application are critical. The timelines involved in this process are also very important. The assistance of the experienced immigration professionals at Mansouri Canadian Immigration Services (or Mansouri Firm) will give you the peace of mind on two fronts: First, we will ensure that you understand the best immigration program options available to you. Second, you can feel certain that your application has been completed accurately, and meets every deadline. The consequences of even minor errors and/or inattention to detail can lead to results ranging from delays to having your application rejected permanently, so let Mansouri Immigration Services (or Mansouri Firm) assist you toward achieving your specific immigration goals.