Refugee Hearings, Sponsorship & Removal Appeals
Federal Court Judicial Review in Calgary
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 specialize in immigration appeals and deportation in Calgary and all of Canada.
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REFUGEE PROTECTION AND REFUGEE APPEAL
We have been very succesful in the preparation of the Basis of Claim leading to numerous successful outcomes before the Refugee Protection Division [RPD]. We have assisted many clients in appeals to the Refugee Appeal Division [RAD].
IMMIGRATION APPEALS FOR SPONSORSHIP AND RESIDENCY OBLIGATION
Our office has conducted many successful sponsorship and removal order appeals before the Immigration Appeal division, [IAD]. The IAD also has jurisdiction to hear a removal order appeal that resulted from a breach of the 730 day residency obligation under Section 28 of the Act.
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IMMIGRATION DIVISION - MISREPRESENATION & CRIMINALITY
We have appeared before the Immigration Division [ID] to assist individuals in detention, or those facing an admissibility hearing resulting from the issuance of a 44 Report for alleged violations such as an overstay, criminality or misrepresentation.
FEDERAL COURT JUDICIAL REVIEW
​​We have also been successful in the Federal Court Judicial Review process in challenging refusals for visitor visas, work permit, study permits and applications under the various economic classes. The Federal Court also has the jurisdiction to challenge protection claims that have been denied by the RAD.
Deportation - Inadmissibility & Removal Orders
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 a 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.
It is because of our experience and dedication to such matters that we have successfully represented many clients for immigration appeals in Calgary before both the IAD and the ID.
Federal Court Judicial Review
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. You can depend on Phoenix Law as your trusted legal representation for immigration appeals in Calgary.
Please contact our office today.