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APPEAL RIGHTS
The formal place that immigration appeals are made is the Federal Court of Canada. Most people choose to be represented by a lawyer at Federal Court.
A typical case would be a skilled worker or business (investor, entrepreneur, self-employed) immigration applicant who goes to the interview at the Canadian Consulate or Embassy overseas, meets with a visa officer and fails the interview.
The informal place that immigration appeals are made is the Immigration Appeal Division (“IAD”). Most people choose to be represented by a lawyer at IAD.
The IAD is a tribunal. This is an informal type of court where there is no judge but a “member” (“Member”) who acts as an informal judge and makes the decision. The Member is not required to be a lawyer. The rules, procedure and atmosphere are more informal.
The most typical cases that go to IAD for appeal are a rejected application for sponsorship of a spouse, parent or child. Other cases that go to IAD for appeal also include a rejected PR Card application and having a hearing to determine if someone will be allowed to remain in Canada due to criminal issues.
For professional guidance, assistance
and assessment please contact us at:
BRIAN EDWARD TADAYOSHI
TSUJI
Canadian Immigration and Business
Law Office
Member of International Immigration Law Group
info@immigratingtocanada.com
bett@istar.ca
501-134 Abbott Street
Vancouver, British Columbia, Canada V6B 2K4
Telephone: (604) 688-2286 :: Fax: (604)
687-2286
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