1) CBSA – Canada Border Service Agency: CBSA is responsible of enforcement functions related to immigration and refugee matters. These include detentions, removals, investigation etc. They are the officers who does your exit-entry immigration check and sometimes inspections about you at your place of work.
2) IRCC – Immigration, Refugees and Citizenship Canada: IRCC is responsible for the administration of IRPA and IRPR (Immigration & Refugee Protection Act, and Immigration & Refugee Protection Regulations). IRCC is responsible for selecting immigrants, issuing visitor visas and granting citizenship. IRCC has the overall responsibility for immigration and refugee matters.
3) IRB – Immigration and Refugee Board:
IRB has four divisions:
Immigration Division (ID)
Immigration Appeals Division (IAD)
Refugee Protection Division (RPD)
Refugee Appeals Division (RAD)
Immigration and Refugee Board of Canada
​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal. It is responsible for making well-reasoned decisions on immigrationand refugee matters, efficiently, fairly and in accordance with the law. The IRB decides, among other responsibilities, which needs refugee protection among the thousands of claimants who come to Canada annually.
1) Refugee Protection Division (RPD):
Decides claims for refugee protection that are made in Canada.
RPD also makes decisions on taking away refugee protection status in Canada.
2) Refugee Appeals Division (RAD):
RAD was including in IRPA to decide Appeals from decision made by the RPD.
RAD was enacted on 15 /December /2012 and is now in force.
3) Immigration Division (ID):
ID conducts Admissibility Hearings for certain categories of people believed to be inadmissible to Canada that is Identified in IRPR.
The Other categories will be decided upon in Immigration proceedings by an IRCC or CBSA officer.
The ID Conducts detention reviews for persons detained under IRPA within 48 hrs after a person is taken into detention.
Prior to the (48) hrs of detention or the first detention review by the ID, the CBSA officer will conduct the detention review.
4) Immigration Appeals Division (IAD):
IAD hear appeals with respect to:
Refusals of family class sponsorship application by IRCC.
A removal order issued to a foreign national who holds an IM visa.
A removal order issued to a PR or protected person.
A decision made outside of Canada on the residency obligation of a PR under IRPA s.28.
A decision made by the (ID) at admissibility hearing by the minister.
Any kind of appeal is allowed…
if the decision being appealed was wrong in law or fact,
if there was a breach of a principle of natural justice (for example, a breach to the right to be heard or to be heard by an impartial person), or
In some cases, on the basis of humanitarian and compassionate considerations.
Residency obligation appeal
Who can appeal?
Permanent residents determined by an immigration officer abroad not to have fulfilled their residency obligation of staying for at least 730 days in Canada in the past 5 years.
If the Residency Obligation appeal is allowed…
The person will not lose permanent resident status.
If the Residency Obligation appeal is dismissed…
The person will lose permanent resident status. If the person is in Canada, the IAD will issue a removal order. The person may contest the IAD’s decision by asking the Federal Court a permission to apply for judicial review of the IAD decision
Sponsorship appeal
Who can appeal?
Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused by Immigration, Refugees and Citizenship Canada (IRCC).
Who cannot appeal?
Sponsorship appeals are not possible for persons who have been found inadmissible to Canada based on:
serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years,
organized criminality,
security grounds,
violations of human or international rights, or
Misrepresentation (unless the sponsored family member is the sponsor's spouse, common-law partner or child).
If the Sponsorship appeal is allowed…..
After a sponsorship appeal is concluded by the IAD making a final decision in the appeal, in most appeals the IAD is no longer involved in the file. The continuation of the processing of the file is done by IRCC, not the IAD, and the file goes abroad to a visa office or is completed here in Canada at a Case Processing Office.
If the Sponsorship appeal is dismissed…
The sponsor may contest the IAD’s decision by asking the Federal Court a permission to apply for judicial review of the IAD decision.
Removal order appeal
Who can appeal?
Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada.
Who cannot appeal?
None of these persons can appeal their removal order if they have been found inadmissible to Canada because of:
serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years,
organized criminality,
security grounds, or
Violations of human or international rights.
The following persons also cannot appeal a removal order:
claimants whose refugee protection claim has been rejected, and
Foreign nationals without a permanent resident visa.
If the Removal Order appeal is allowed…
The person will be permitted to remain in Canada.
If the IAD stays the Removal Order appeal…
The person concerned can stay in Canada under certain conditions imposed by the IAD.
If the Removal Order appeal is dismissed…
The Canada Border Services Agency may remove the person from Canada. The person may contest the IAD’s decision by asking the Federal Court a permission to apply for judicial review of the IAD decision.
For more information on this please read the link belowClick here
Reach out to us should you require any help and information on these claims and appeals.
IRB Appeals and Claims
IRB Appeals and Claims
Immigration and Refugee Board of Canada
​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal. It is responsible for making well-reasoned decisions on immigrationand refugee matters, efficiently, fairly and in accordance with the law. The IRB decides, among other responsibilities, which needs refugee protection among the thousands of claimants who come to Canada annually.
1) Refugee Protection Division (RPD):
2) Refugee Appeals Division (RAD):
3) Immigration Division (ID):
4) Immigration Appeals Division (IAD):
IAD hear appeals with respect to:
Any kind of appeal is allowed…
Residency obligation appeal
Who can appeal?
Permanent residents determined by an immigration officer abroad not to have fulfilled their residency obligation of staying for at least 730 days in Canada in the past 5 years.
If the Residency Obligation appeal is allowed…
The person will not lose permanent resident status.
If the Residency Obligation appeal is dismissed…
The person will lose permanent resident status. If the person is in Canada, the IAD will issue a removal order. The person may contest the IAD’s decision by asking the Federal Court a permission to apply for judicial review of the IAD decision
Sponsorship appeal
Who can appeal?
Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused by Immigration, Refugees and Citizenship Canada (IRCC).
Who cannot appeal?
Sponsorship appeals are not possible for persons who have been found inadmissible to Canada based on:
If the Sponsorship appeal is allowed…..
After a sponsorship appeal is concluded by the IAD making a final decision in the appeal, in most appeals the IAD is no longer involved in the file. The continuation of the processing of the file is done by IRCC, not the IAD, and the file goes abroad to a visa office or is completed here in Canada at a Case Processing Office.
If the Sponsorship appeal is dismissed…
The sponsor may contest the IAD’s decision by asking the Federal Court a permission to apply for judicial review of the IAD decision.
Removal order appeal
Who can appeal?
Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada.
Who cannot appeal?
None of these persons can appeal their removal order if they have been found inadmissible to Canada because of:
The following persons also cannot appeal a removal order:
If the Removal Order appeal is allowed…
The person will be permitted to remain in Canada.
If the IAD stays the Removal Order appeal…
The person concerned can stay in Canada under certain conditions imposed by the IAD.
If the Removal Order appeal is dismissed…
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