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The
Immigration Appeal Division hears and decides appeals
on immigration matters. There are four types of appeals
that are heard by the Immigration Appeal Division.
Sponsorship
Appeals
Canadian citizens and permanent residents whose applications
to sponsor close family members to Canada have been
refused may file an appeal at the Immigration Appeal
Division.
The
Immigration Appeal Division may allow an appeal and
set aside an original decision based on the grounds
of an error in law or fact, or of a breach of a principle
of natural justice. In certain cases, the Immigration
Appeal Division may also give special relief on the
basis of humanitarian and compassionate considerations
in all the circumstances of the case, which includes
taking into account the best interests of a child.
Removal
Order Appeals
Permanent
residents, Convention refugees, protected persons
and foreign nationals with a permanent resident visa
who have been ordered removed from Canada may file
an appeal at the Immigration Appeal Division.
If
the appeal is allowed, the removal order is set aside
and the person will be permitted to remain in Canada.
If the appeal is dismissed, the removal order will
be upheld and CIC may remove the person from Canada.
Residency
Obligation Appeals
Permanent
residents determined outside of Canada by an officer
of Citizenship and Immigration Canada (CIC) not to
have fulfilled their residency obligation also have
a right of appeal before the Immigration Appeal Division.
If
the appeal regarding the residency obligation is allowed,
the Immigration Appeal Division will set aside the
decision of the officer and the person will not lose
permanent resident status. If the appeal is dismissed
and the person is in Canada, the person will lose
permanent resident status and the Immigration Appeal
Division will make a removal order.
Minister's
Appeals
The
Minister of CIC may appeal a decision made by the
Immigration Division at an admissibility hearing
Who
may this provision be of interest?
- People
whose family class sponsorship application has been
rejected on excessive demand ground, where a humanitarian
consideration exists.
- The
person who is alleged not to have complied with
the residency obligation and is physically overseas
or in Canada, and has lost the PR status
- The
person concerned or CIC can challenge any Immigration
Appeal Division decision by making an application
to the Federal Court of Canada for leave for judicial
review
Immigration
Division:
The Immigration Division conducts admissibility hearings
for certain categories of people believed to be inadmissible
or removable from, Canada under the law. It also conducts
detention reviews for most persons being detained
under the Immigration and Refugee Protection Act.
Admissibility
hearings are held for foreign nationals or permanent
residents believed to be in violation of the Immigration
and Refugee Protection Act. Admissibility hearings
take place solely at the request of Citizenship and
Immigration Canada (CIC) and do not apply to Canadian
citizens. Straightforward cases are decided by CIC
officers and do not require an admissibility hearing
by the Immigration Division.
The
grounds of inadmissibility include security, violation
of human rights, criminality, organized criminality,
misrepresentation and failure to comply with the Act.
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