The different types of appeals that are available:
The are several types of processes for appeals to the Immigration Appeal Division and they differ depending on the type of decision being appealed. Have a look below:
Sponsorship appeals: If you are a permanent resident or citizen of Canada whose application to sponsor a close relative to immigrate to Canada has been refused by the IRCC, you may appeal the decision to the IAD. However, you should know that not all sponsorship applications can be appealed.
To take an example, if the application was refused in the case of a parental sponsorship due to misrepresentation then no appeal may be made. YOu can consult our team at Star immigration in all cases to confirm the appeal rights existing in each case and to assist with the appeal process.
A family sponsorship application can be rejected for several reasons but for spousal sponsorships, the general reason for refusal is that the relationship is determined not to be genuine. In this type of appeal, you should gather new evidence to prove that the relationship is real. Both the sponsor and the foreign spouse will be allowed to testify at the appeal hearing and can try to address the findings of the immigration officer who rejected their case.
Removal order appeals: If the immigration authorities issue a removal order against you (a permanent Canadian resident), for having committed misrepresentation, committing a serious crime, you can file an appeal to be allowed to stay in Canada and maintain their permanent residence status. However, this will not work if you are convicted of the felony and you may be imprisoned for 6 months if the crime is on grounds of involving with organized crime or violations of human and international rights
If you are a foreign national and do not have a permanent resident visa, you cannot appeal a removal order to the IAD but can appeal to the Federal Court if they believe that the removal order was issued in error.
Residency obligation appeals: Permanent Canadian residents are required to be physically present in Canada for a minimum of two years out of every five years. If this criterion is not fulfilled then the resident may lose their permanent resident status. If there is a loss of permanent residency due to a failure to comply with the residency requirement, an appeal can be made to the IAD, and if allowed, the permanent resident will be allowed to keep their status.
However, If the appeal is dismissed, then the permanent resident status will be lost and the IAD will issue a removal order. The decision of the IAD can be re-appealed to the Federal Court of Canada for a judicial review. You can clear all your queries by getting in touch with Star Immigration, we will be more than happy to help you.
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