Appeals before the Immigration Appeal Division
We assist our clients with Appeals for loss of Permanent Residency status. If our clients have been given a removal order to leave Canada by a member of the Immigration Division we assess whether they can appeal their case to the Immigration Appeal Division.
We also assist our clients in situations where they may have a conviction record of serious criminality to determine if they have compelling grounds to be granted a leave to appeal. Sometimes clients may be deemed not to have a right to appeal because they are alleged to be a national security threat or because they are said to have violated human or international rights or suspected to have been part of an organized criminal syndicate; in such cases we work with our clients to determine how we can best present their matter on a case by case basis. We make sure that our clients are aware that the failure to meet residency obligation can lead to a removal order but there is a right to appeal unless serious violations have occurred.
Client Preparation and Representation
We prepare our clients for their hearing process. Given that the hearings are open to members of the public such preparation is essential for the ability to answer questions. We make strong arguments for our clients’ case during the oral hearings and we prepare clients for the Ministers’ Counsel from the Canada Border Services who may be present and may provide evidence or cross-examine our client.
Document Preperation for the hearing
We help our clients understand that documentary evidence such as telephone bills, photographs, letters, airline tickets, money orders/deposit slips, photographs, videocassettes, receipts for gifts and bank statements are very important in supporting them to win their appeal. We ensure that our clients adhere to the required timelines.
We prepare witnesses to answer questions at our clients hearings. Our clients receive proper support regarding meeting the time line for providing the necessary witness information to the Immigration Appeal Division and the Minister's counsel. We handle our clients’ expert reports and ensure that the reports are signed by the expert giving their qualifications and summarizing their evidence. If our client’s witness is outside Canada, we make proper arrangements for our clients to have witnesses testify at the appeal hearing by telephone. We work with our clients to make sure that their witness can be reached by telephone during the hearing.
Alternative Dispute Resolution Process
In appropriate cases we discuss the option of Alternative Dispute Resolution (ADR) with our clients. During this process we help our clients in their dialogues with the Minister’s representative or a Canada Border Services representative.
In most appeal matters we advise our clients to consider that ADR can shorten the appeal process and minimize the costs as well as provide an opportunity to resolve their appeal immediately after receiving a negative decision of their Permanent Residency application. We encourage our clients to consider ADR in particular matters as it is a chance to openly discuss their case, tell their story and engage in discussion with a representative of the Minister.
Our experienced representatives are helpful at this stage as they can address the important issues in order to expand the opportunity for the application to be resolved favourably.