We represent our clients before the Immigration Division (ID), the Immigration Appeal Division (IAD) , Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD).
Immigration Division (ID) – Immigration Division conducts admissibility hearings for those who are believed to be inadmissible to Canada or who are subject to removal from Canada. Immigration Division reviews the grounds for detention of people detained under the Immigration and Refugee Protection Act. Usually, a person is considered inadmissible on following basis:
Human or international rights violation
Financial reasons (unable to provide for oneself)
Failure to comply with the Act.
On the basis of the evidence and the testimony of parties, the ID decides whether or not the allegations are founded.
- If the allegations are well founded the ID issues a removal order for the person concerned
- If it is decided that the allegations are not founded, the ID stops the hearing and the person concerned retains his/her status.
Right to appeal– Foreign nationals cannot file an appeal to the Immigration Appeal Division but only an application for a “leave” to appeal before the Federal Court within 15 days from the date of Immigration Division’s negative decision. Permanent residents of Canada usually have a right to file an appeal before the Immigration Appeal Division unless the exceptions provided in the Immigration and Refugee Protection Act applies. They can file an appeal with the IAD within 30days from the date of a negative decision made by the ID.
Immigration Appeal Division(IAD):
The IAD deals with following kinds of appeal:
- Sponsorship appeal
- Appeal from a removal order issued by the Canada Border Services Agency (CBSA) or the Immigration Division (ID).
- Residency obligation appeal
- Minister’s appeal of an ID decision
Following persons are not allowed to make an appeal:
The persons who are inadmissible for the following reasons:
- Serious criminality punished by a sentence of six(6) months or more of imprisonment,
- 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)
Refugee Protection Division (RPD)
Refugee Protection Division deals with the refugee claims made within Canada. All claims which are made inside Canada are first dealt by the CBSA or the CIC and if the claim is found eligible, then it is referred to the RPD.
Canada provides protection to following persons:
Conventional refugees – The Immigration and Refugee Protection Act provides that “conventional refugees” are persons who are outside the country of their nationality and have a well-founded fear of being persecuted for reasons of:
- Political opinion or
- Membership of a particular social group.
Persons in need of protection – “Persons in need of protection” are persons whose removal to their country of origin would subject them personally to:
- A danger of torture
- A risk to their life, or
- A risk of cruel and unusual treatment or punishment.
Refugee Appeal Division (RAD):
The Refugee Appeal Division deal with Appeals from the decision of Refugee Protection Division (RPD). RAD has authority to decide if the decision of RPD was wrong in fact or law or both. Only new evidence is introduced in this hearing. Most hearings are decided on basis of paper submissions.