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Stay of Deportation

If you or someone you know is facing deportation, it might be possible to obtain a stay of deportation from a federal court. A stay of deportation is a temporary order that prevents an individual from being removed from the country for a specified period of time. It can provide time to pursue other legal options.

Applying for a stay of deportation can be a complex and daunting process, but it is an important legal option for individuals facing deportation. If you or someone you know is facing deportation from Canada, it is crucial to seek the assistance of an experienced immigration lawyer who can guide you through the process and increase your chances of success. We have several lawyers with proven success in this area.

Immigration Appeal Division

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) of Canada hears and decides appeals from certain decisions made by officers of Immigration, Refugees, and Citizenship Canada (IRCC). The IAD is responsible for reviewing cases that are brought forward by individuals who have been refused permanent residency due to residency obligations, sponsorship, or removal orders from IRCC officers.

The IAD is empowered to overturn a negative decision and offer an alternative decision based on the merits of the case. There are several types of appeals that are heard by the IAD. One of the most common types of appeals is the sponsorship appeal.

This appeal is available to Canadian citizens or permanent residents who have sponsored a family member to come to Canada and the application was refused by IRCC overseas offices. The sponsor has the ability to appeal this decision to the IAD to have the refusal overturned. Contact us if you have received a negative decision and wish to appeal. We can help determine if the IAD is the correct appeal for you and discuss your chances of success.


Detention Reviews

If you or someone you know is being held in immigration detention, you have the right to a hearing before the Immigration Division (ID) within 48 hours of your detention. During this hearing, you will have the opportunity to present evidence and arguments in favor of your release. It is also important to note that you have the right to be represented by legal counsel throughout the detention review process.

An experienced immigration lawyer can help you prepare for your hearing and present compelling arguments in favor of your release. There are several factors that the ID will take into consideration when deciding whether to release you from detention. These may include your ties to Canada and the community, your risk of flight, and your likelihood of appearing for future immigration proceedings.

If the ID determines that you should be released from detention, they will issue a release order with conditions that you must follow. If you are not granted a release order, you may have the option to appeal the decision or request another detention review at a later time. Getting people out of immigration detention in Canada is not always easy, but it is possible. With the help of an experienced immigration lawyer, you can navigate the detention review process and increase your chances of successfully obtaining a release order.

Judicial Review of Temporary Resident Permits such as Study Permit, Work Permit or Visitor Visa Application

If your application for temporary resident permits such as study permit, work permit or visitor visa has been refused, you can make a judicial review application to the federal court. A judicial review is an examination by the court of a decision made by an administrative body, such as Immigration, Refugees, and Citizenship Canada (IRCC).

The purpose of this review is to ensure that the decision was made lawfully. If your application for a temporary resident permit has been refused by IRCC, you have the option to apply for a judicial review. This process must begin within a certain period of time. Then, you will need to present your case and any evidence that supports your claim.

If the court finds that IRCC did not act lawfully or reasonably in refusing your application for temporary resident permit, it may set aside the decision and send it back for reconsideration. With the help of an experienced immigration lawyer, you can increase your chances of success in this process.

Cessation and Vacation Proceedings

A cessation proceeding is a hearing that takes place when Immigration, Refugee, and Citizenship Canada (IRCC) wants to take away your refugee status. This often occurs when a person becomes a refugee and then returns to the country where they claim to be persecuted. Upon re-entering Canada, a border officer may question you about your reasons for returning to your country and whether you are still afraid to live there.

If IRCC thinks that you are no longer afraid and you are a permanent resident and not yet a Canadian Citizen, they may attempt to take away or cease your refugee status. This is done by holding a hearing. If you lose your refugee status, there may be other options for remaining in Canada. We would be able to help you with a cessation application and any other applications to assist you to stay in Canada.

A vacation application is different in that IRCC may want to take away or vacate your permanent residence status. This can happen for any number of reasons. Certain types of criminal offences may result in a vacation application and vacation hearing. Also, misrepresentation on your permanent residence application could lead to vacation proceedings. If this happens, you need experienced Counsel to assist you at your hearing and to help you if you receive a negative decision and your permanent residence status is taken away.