IMMIGRATION COURT CASES FOCUS
Immigration law
29 May
In Canada, immigration court cases mainly focus on appealing or reviewing decisions made by the Immigration and Refugee Board of Canada (IRB) or officials from Immigration, Refugees and Citizenship Canada (IRCC).
These cases may involve appeals of denied sponsorship applications, contested removal orders, or disputes over decisions related to inadmissibility or residency requirements.
Immigration court hearings are civil, non-criminal proceedings where foreign-born individuals, known as respondents, face charges from the Department of Homeland Security (DHS) for breaking immigration laws.
HERE IS A MORE IN-DEPTH OVERVIEW:
APPEALS TO THE IMMIGRATION APPEAL DIVISION (IAD) OF THE IRB:
Family Class Sponsorship Appeals: When a family class sponsorship application is denied by an IRCC officer, the sponsor may appeal the decision to the IAD.
Removal Order Appeals: Permanent residents, protected persons, and individuals with permanent resident visas have the right to appeal removal orders issued by IRCC.
Residency Obligation Appeals: Permanent residents can challenge a determination by IRCC that they have failed to meet their residency obligation.
Ministerial Appeals by the Minister of Public Safety: The Minister of Public Safety may appeal Immigration Division decisions that conclude a person is not inadmissible.
2. APPEALS TO THE FEDERAL COURT:
Judicial Review of IRB Decisions: The Federal Court may review decisions made by various branches of the IRB, including the Immigration Division (ID), Immigration Appeal Division (IAD), Refugee Protection Division (RPD), and Refugee Appeal Division (RAD).
Challenges to IRCC Decisions: Individuals may contest decisions made by IRCC officials related to applications for either permanent or temporary residence.
Citizenship Act Matters: Any legal issue arising under the Citizenship Act can be brought before the Federal Court for review.
3. ADMISSIBILITY HEARINGS BEFORE THE IMMIGRATION DIVISION (ID):
Inadmissibility Hearings: The Immigration Division of the IRB conducts hearings to determine whether a person is inadmissible to Canada.
CBSA Appeals: The Canada Border Services Agency (CBSA) may appeal certain ID decisions to the Immigration Appeal Division (IAD).
Judicial Review: Individuals can seek judicial review of an ID decision by filing an application with the Federal Court.
4. OTHER COURT PROCEEDINGS:
Constitutional Challenges: The Supreme Court of Canada can hear cases that question the constitutionality of immigration laws or policies.
Human Rights and Civil Liberties Cases: Courts may also consider immigration-related cases involving human rights or civil liberties concerns.
Refugee Claims and Appeals: Refugee claims are initially assessed by the Refugee Protection Division (RPD) of the IRB and may be appealed to the Refugee Appeal Division (RAD).
Detention Hearings: The Immigration Division (ID) of the IRB also oversees hearings for individuals held in immigration detention.
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