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| Appeals |
Canada Immigration Laws provide Canadian citizens and permanent residents with a number of appellate review mechanism under the Immigration Appeal Division, a court of equitable jurisdiction, to address removal orders, refusals of sponsored applications for permanent residence from members of the family class, decisions relating to the loss of residency requirements.
1) FAMILY CLASS SPONSORSHIP AND THE ADRP
2) JUDICIAL REVIEW UNDER THE IMMIGRATION REFUGEE PROTECTION ACT.
3) PROBLEMS AT CANADA’S VISA OFFICES
4) MEDICAL INADMISSIBILITY
5) CRIMINAL PARDONS
Family Class Sponsorship and the ADRP
- One of the principal objectives of the CIPC is to promote family reunification. Although not all applications are approved, for example if there’s a dispute between the parties. That’s when we refer to the ADRP.
- Alternative dispute Resolution Process is an informal process. Meeting with the parties and the Dispute Resolution Officer.
- It helps 60% of sponsorship appeals. The chances for success under ADRP are significantly increased, 25% to 30%.
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Judicial Review under The Immigration and Refugee Protection Act.
A judicial review application is different from an appeal. It addresses the manner or the process in which the decision is made. The main reasons for allowing an application for judicial review are:
- The decision makes an error in law.
- The decision maker got the facts wrong at a fundamental level.
- The decision maker violated a principal of natural justice.
- The decision maker’s decision goes beyond the authority conferred upon him/her by the Immigration and Refugee Protection Act and its Regulations (IRPAR).
- Then if one of those serious issues is demonstrated, raised and arguable, it can only be resolved by a full hearing of the judicial review application.
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Problems at Canada’s Visa Offices
Under the new leave rules before the Federal Court, it’s becoming increasingly difficult for the voice of an applicant to be heard, even when its evident that mistakes are being made. Now, more than ever, a properly constituted application, with effective representation from legal counsel, can make all the difference in preserving applicant’s future rights.
If you are considering applying for admission to Canada or if you face an immigration problem affecting your status or that of a close relative in Canada, please, feel free to contact us.
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Medical inadmissibility
The visa Officers sometimes refuse applications for residence on the basis that the medical officer’s opinions concluded that they are inadmissible on health grounds if their condition might reasonably be expected to cause excessive demand on health or social services. Sometimes, the refusals are based more on conjecture, speculations and remote possibilities of excessive demands, rather than on reasonable probabilities. Non medical factors such as the availability, scarcity or cost of publicly funded services along with the willingness and ability of an Applicant or his/her family to pay for the cost of private support, must also be taken into consideration by a Visa Officer.
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Criminal Pardons
A criminal pardon enables you most people who were convicted of a criminal offence and who have completed their sentence, depending of the severity of the offence, to limit access of their criminal past to government agencies, potential employers and adoption agencies. If awarded by the National Parole Board in Canada, it can be the vehicle by which applicants may qualify for entry to Canada either temporarily or on a permanent basis.
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