At Phoenix Legal, we understand that the immigration litigation process is complex and can be both daunting and confusing. We are pleased to provide highly experienced legal representation that maximizes success in your particular matter. These matters involve appearances before the several divisions of the Immigration and Refugee Board.
We have conducted many successful appeals before the Appeal division, [IAD] concerning declined family class and spousal sponsorships. The IAD also has jurisdiction to deal with a permanent resident’s appeal concerning a breach of the residency obligations under Section 28 of the Act. We have appeared before the Immigration Division [ID] to assist individuals in detention, or those facing an admissibility hearing.
Once an officer has concluded that there are reasonable grounds and supporting facts to write a Section 44 Report against a foreign national or permanent resident, the Report is reviewed by the Minister’s delegate who reviews the document and can refer it onward to an admissibility hearing at the ID. The ID decision maker can then make a removal order against the subject of the Report, leading to ultimate removal from Canada indefinitely [deportation order] or for specified period of time [exclusion order]. A permanent resident may have the opportunity to appeal for a stay of the removal order, unlike a foreign national whose only remaining recourse may be a Federal Court application for leave and judicial review of the decision.
We have successfully represented many clients before both the IAD and the ID given our experience and dedication to such matters.
The Federal Court is the juridical body charged with the supervision of decisions made by administrative tribunals. The relevant tribunals are usually the IAD, ID and the decisions of visa and immigration officers. Our firm has been granted leave to appear before the Federal Court on several matters to orally present the arguments put forth in the memorandum of law and argument. The Federal Court has the jurisdiction to set aside the decision under challenge and direct that the matter be reconsidered by a different tribunal or officer. The court can also provide a stay of a removal order for those who are subject to deportation, provided certain legal conditions are met.
If you are the subject of a negative determination, you must act quickly given the limited time in which to file the application for leave and judicial review.
Please contact our office today