Hearings and Appeals
Services provided by our trusted partners

Our Partners

Anton Malinouski
Robert Gertler
Anton Malinouski
Immigration & Business Lawyer
Robert Gertler
Immigration Lawyer

Canada For Me has trusted partners who have an authority to represent clients before the Federal Court of Canada. They are at your service, and will provide full support for your case, and protect your rights. In most cases, decisions that are made by immigration officials can be challenged (or appealed) in the Federal Court of Canada. Some common examples of hearings and appeals are the refusal of VISAS and PR applications under the CEC, FSW, REFUGEE, PRRA, or other categories.

In some circumstances, decisions must be appealed at the Immigration Appeal Division first. But when unsuccessful at the Immigration Appeal Division, decisions can be appealed in the Federal Court of Canada. Here, a judge will assess the decision in a process called a Judicial Review. This is a highly formal legal process, with strict rules and deadlines – it’s a process that begins with a written submission asking for permission (“leave”) to bring the decision before a judge.

In circumstances where “leave” is granted, the next step is a legal hearing in a courtroom. If the effort at the Federal Court of Canada was unsuccessful, the next step is an appeal to the Federal Court of Appeal. Each of the steps in the process proceeds accordingly, and the decisions at this point can only be appealed in front of the Supreme Court of Canada. Clearly, all of these events require a high degree of knowledge and experience – something that our trusted partners can provide.

  • Deportation Appeals

    In Canada, permanent residents can lose their status and can be deported if they have breached any terms of their status. One common example is a person who has been convicted of certain crimes – this person can be deported even if gainfully employed or with a family in Canada. There are certain situations when the Immigration Appeal Division (IAD) can consider specific circumstances of a case, and allow a permanent resident to remain in Canada. The IAD considers such things as family ties to the country, as well as the extenuating circumstances of the crime.

  • Detention Review Hearings

    An "immigration hold" is used by Citizenship and Immigration Canada (CIC) to keep some people in custody for interviews and hearings that are pending, or to make sure they attend deportation proceedings. Those on “immigration hold” should be informed about why they are in detention. There are various reasons for detention including: interview with regard to arrival in Canada; loss of status while residing in Canada; a particular criminal activity; or direct violation of the Immigration and Refugee Protection Act. All are legal causes for the CIC to invoke detention.

    Detention release can occur when an immigration officer makes a decision that detention is no longer required. It is then legally ordered by a member of the Immigration and Refugee Board.

  • Admissibility Hearings

    At an airport or border crossing, an immigration officer can deny entry to Canada without having a hearing. This can happen if an immigration officer believes a person to be inadmissible because of a previous criminal conviction. However, if the person being denied is a permanent resident, or if the issues are more complicated), admissibility will be made at an Admissibility Hearing at the Immigration and Refugee Board.

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