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| Subject: Immigration Appeal Division and Federal Court |
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To All
Immigration Consultants who are authorized (like me) can not submit an appeal to the Federal Court but can represent a client at the Immigration Appeal Division. Letting an issue get to the Federal Court decreases ones chances drastically of a successful outcome.
The Most Common Appeals are Spousal Sponsorship Appeals were the Visa Officer does not accept the evidence or answers of the Person Interviewed (PI) acceptable enough to prove that a marriage is genuine. Too many times the partner being sponsored can not remember his sponsors friends names, dates events occurred on, has not started learning English/French yet they are planning to live in Canada, or there is no plans for the future togetherness.
Many silly little mistakes or lacking of information can be fixed quite easily by the Alternate Dispute Resolution date and if not by the full appeal date when the applicant can be called by phone and answer the issues the Visa post officer thought to be illogical.
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1. Then there are other Appeal Issues that are Criminal in nature. Like a PR being convicted of a serious offense. This is overcome by showing that the person (PR) is a changed person or there are quality H&C reasons. If that fails there is the Federal Court of Appeals but.....
2. Then if you receive a Negative Decision in your refugee claim one can appeal to the Federal Court but must prove the Panel erred in Law by not allowing certain evidence to be considered.
3. Then if you receive a negative PRRA Pre Removal Risk Assessment you can Appeal to the Federal Court and try to prove that the PRRA Officer erred in Law by not considering the evidence enough.
Federal Court Appeal types 2 and 3 have very little chance of winning and the statistics prove that. Reason being is that the Lawyers are asking a decision maker to over rule another decision maker who has lots of experience making the initial decision.
Appeals by persons who are Permanent Residents and have been ordered deported due to criminality issues can easily be won at the IAD by showing certain factors that the person has changed.
Always retain someone who has experience with the IAD and can provide references that they have won similar cases!!!!!
Many Appeals never even get to a hearing and the appellant is given a Stay of removal for one, two or three years to prove they have changed. Sometimes they can get a pardon for their offense during that time as well.
At any appeal hearing you must prove by common sense that their are sufficient H&C factors to overcome the deportation order of the Permanent Resident.Never retain your Criminal Lawyer or any inexperienced representative. Just Common Sense! If a quality Immigration Representative is retained and your case is a HIGH profile case he/she will be able to show that the hearing has to be postponed due to scheduling issues at the ID, IAD or IRB. The IRB and their divisions care little less about Criminal court schedules.
Here is an example of the Lawyer not understanding what needed to be proven and a rush to justice by the IAD. SHOULD THE APPELLATE BE ALLOWED TO STAY IS NOT THE ISSUE!
http://www.irb-cisr.gc.ca/Eng/media/newsnouv/2009/Pages/khosa.aspx
It is well over seven years so did the PR apply for a pardon????? Not always best to put all your hopes and dreams in your representative and Daddy´s and Mommy´s deep pockets.
Roy
www.cvimmigration.com
[11-05-2009,08:47]
[**.52.218.109]
Roy |
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hi roy about the appeal in the federal court (in reply to: Immigration Appeal Division and Federal Court)
how much time does the appeal in the federal court buy.. i just lost my refugee claim and i retained a lawyer to file an appeal.. please reply thank you
[27-05-2011,02:35]
[**.240.23.247]
Charles |
(in reply to: Immigration Appeal Division and Federal Court)
Charles
You made my morning!!!
You hired/retained a Lawyer to appeal your lost refugee claim and are asking here how much time it will buy you, lol
Why did you not ask the Lawyer you paid?
Your Lawyer must file an application for leave to appeal first. He/She is attempting to appeal your negative RPD Refugee Protection Division decision and the court must determine if there is sufficent grounds to use up the courts time.
The way you sound if that you made a spurious claim and now a spurious application to the Federal court.
Roy
cvimmigration.com
[28-05-2011,08:18]
[***.206.73.194]
Roy |
What are her chances? (in reply to: Immigration Appeal Division and Federal Court)
3.5 years ago, my Daughter was swarmed and almost beaten to death by a gang of 6 violent, disturbed young women. The case attracted a great deal of media attention, and they were all convicted of Robbery and Assault Causing Bodily Harm...some did jail, some probation. However, the ringleader of the whole nightmare is a landed immigrant in Canada from Ireland. One month after the attack on my Daughter, she attacked another girl ripping her ear off! She´s a 2-time, convicted criminal, and she received a deportation order. She appealed the order, and after 9 months, the IRB informed her that they had refused her appeal. I see online that she has made an application to the federal court for review of her deportation. My question is...and please tell me what I desperately need to hear...what are her chances of remaining in Canada at this stage in the game? Is it likely that the federal court will reject her application? If so, long would she have before she has to leave Canada? She has a 4 year old child who was born in Canada, if deported, is she allowed to remove the child from Canada? The Father is a Canadian citizen.
Evidently, she came to Canada as a child, with a sister and the Mother; apparently to flee the alcoholic Father. When the Judge at her IRB appeal hearing asked her Mother why she nor her 2 Daughters ever applied for citizenship, she said, "Oh, well, it´s $200.00 each, couldn´t afford it"?? Wow, so $200.00 was all it would have taken to avoid deportation. There is a g-d! On the heels of Canada Day, I hope you can give me something even more to celebrate. Thanks.
[30-06-2014,06:01]
[**.183.90.88]
Lisa Chark |
(in reply to: Immigration Appeal Division and Federal Court)
@Lisa Clark
Can´t afford the $200.00 application fee but can afford a Lawyer to run to the Federal court over their removal order.
The biological Father has to go after legal Full custody then she can not take the child with her.
Roy
cvimmigration.com
[30-06-2014,06:53]
[**.243.87.30]
Anonymous |
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