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Appeal a Refusal

发表时间:2022-10-12 点击: 1031

(1) Appeal cases for Family sponsorship:

Including parent and child sponsorship, spousal sponsorship for overseas procedures.

Appeal to the Immigration Appeal Division (IAD) by the sponsor within 30 days of receiving the refusal letter. Usually we call it De novo Hearing, that is, the parties can discuss any aspect of the case, adding new evidence and information.

For simple cases, a written statement or mediation Alternative Dispute Resolution (ADR) can be used; otherwise, Full Hearing is required. Participating in court activities include Board Member, Minister’s Counsel, Appellant, translator, Witness, and observer.

 

(2) The permanent resident has not lived enough time and is deprived of immigration status:

For example, a permanent resident outside Canada applies for a travel document (PRTD) and is deemed to have not lived for two years in the past five years and is deprived of status. Appeal to the Immigration Appeal Division (IAD) within 60 days. The procedure is the same as (1).

 

(3) Permanent residents receive a Removal Order

Within 30 days, appeal to the Immigration Appeal Division (IAD). The procedure is the same as (1).

 

(4) Detention Review Hearing

The Canada Border Service Agency (CBSA) detains permanent residents or temporary residents for violating immigration laws, such as illegally working on a tourist visa, or overstaying, or entering the country illegally. After being detained, a decision on release is usually made within 48 hours. If it is not released, it will be handled by the Immigration Division, and there will be a Detention Review Hearing within 7 days to review whether the person can be released. If still not released, Detention Review Hearing will be held every 30 days.

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