Hearings and Appeal


Related Agencies

  • IRB The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal. The IRB decides, among other responsibilities, who needs refugee protection among the thousands of claimants who come to Canada annually.
  • ID The Immigration Division (ID) conducts admissibility hearings for certain categories of people believed to be inadmissible to, or removable from, Canada under the law. It also conducts detention reviews for most persons being detained under the Immigration and Refugee Protection Act.
  • CBSA The Canada Border Services Agency (CBSA) facilitates the flow of legitimate travelers and trade. The Agency also enforces more than 90 acts and regulations that keep our country and Canadians safe.
  • IAD The Immigration Appeal Division (IAD) hears appeals on immigration matters such as appeals from refused sponsorship applications and from removal orders.
    • The IAD hears four types of appeals:
      • Sponsorship appeal
      • Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division
      • Residency obligation appeal
      • Minister’s appeal of an ID decision


Detention Reviews

Note: You can represent yourself at a hearing. If you wish to point a legal representative to act on your behalf, you can either choose a lawyer, or a Canadian regulated immigration consultant. CBSA Canada has the right to suspect and detain temporary residents and permanent residents who violate immigration laws or other legal provisions. In order to balance the authority of the CBSA, the ID gives the detained temporary resident or permanent resident a chance to be heard and released on bail. Within 48 hours of being detained by CBSA, if the concern remains, the case will be handed over to the ID department for a hearing. If you can prove your identity, have no violent tendencies, do not endanger public safety, etc., and have qualified guarantors, we can represent you in front of the officer, and release you on bail to acquire temporary freedom.


Admissibility Hearings

You may be required to attend this hearing when CBSA has reason to believe that you should not enter or remain in Canada. The IRB is independent of CBSA. Officials (decision makers) of the Immigration Tribunal will decide if your situation is acceptable. Acceptable means you can enter or stay in Canada. Unacceptable means you cannot enter Canada, you must leave if you have already entered Canada. The role of Admissibility Hearing is to give you (the defendant) a fair chance to refute the plaintiff (CBSA) to expel your argument. We can act as your legal representative to defend at hearing.


Permanent Residency Obligation Appeal 

When an IRCC immigration officer decides to reject your permanent resident application, we can act as your legal representative and appeal to IAD, including:

  • Family Sponsorship Refusal: such as parents/ grandparents, spouse/common-law partner/conjugal partner, or dependent child sponsorship refusal
  • Permanent residency obligation is not fulfilled, and the immigration status is cancelled


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