Stay of Removal Motion at the Federal Court
Many people who are subject to a removal order and have a scheduled date for removal believe that they can simply file an “appeal” with ...
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Who Can Appeal to the Immigration Appeal Division
A right of appeal to the Immigration Appeal Division (IAD) exists only where section 63 of the Immigration and Refugee Protection Act creates one, and ...
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Parents or Grandparents Sponsorship Refused
If your parents or grandparents’ immigration application has been refused, you may still have options. The appropriate remedy will depend on the reason for the ...
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Misrepresentation Under Section 40 of IRPA
Section 40 of the Immigration and Refugee Protection Act makes a permanent resident or a foreign national inadmissible to Canada for misrepresentation in four defined ...
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Deemed Rehabilitation vs Criminal Rehabilitation
Both routes do the same work — they stop a criminal record from outside Canada being a ground of inadmissibility — but only one of ...
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Criminal Inadmissibility: How Equivalency Works
Equivalency is the comparison a Canadian decision-maker makes when the offence happened somewhere else: the foreign offence is measured against Canadian law to work out ...
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What a Pre-Removal Risk Assessment Considers
A Pre-Removal Risk Assessment, almost always shortened to PRRA, is the last risk assessment Canadian law provides before a removal order is carried out. It ...
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Departure, Exclusion and Deportation Orders
Canadian immigration law does not have one removal order. It has three — departure, exclusion and deportation — and the difference between them is not ...
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What an Admissibility Hearing Decides
An admissibility hearing is a proceeding before the Immigration Division of the Immigration and Refugee Board that settles one question: whether a permanent resident or ...
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Detention Review Hearings: 48 Hours, 7 and 30 Days
An immigration detention review is a hearing at which a member of the Immigration Division decides whether a person held under the Immigration and Refugee ...
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What the Refugee Appeal Division Can and Cannot Do
An appeal to the Refugee Appeal Division is not a second hearing of a refugee claim. It is a review of a decision already made, ...
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The Basis of Claim Form: What Each Section Asks
The Basis of Claim form is the document a refugee claim is built on. It is completed once, early, and then read by the Refugee ...
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What Happens at a Refugee Hearing at the RPD
A refugee hearing at the Refugee Protection Division (RPD) is usually the first time a claimant has to explain, out loud and under oath, why ...
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Types of Removal Orders in Canada
To build a proper defence against an immigration removal order, one has to understand that there are several types of removal orders and they are ...
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Who Can Enter and Remain in Canada
Canadian citizens have an unconditional right to enter and return to Canada following travel abroad. Permanent residents also have the right to return to Canada, ...
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Stays of Removal Orders in Canada
Being issued a removal order is not necessarily the end of the road. In many cases, removal orders can be challenged, stayed, or may never ...
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Misrepresentation
Misrepresentation on an immigration application to Canada, such as omitting relevant facts, submitting fraudulent documents, misstating marital status, or failing to disclose the existence of ...
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How Legal Counsel Can Save You From Removal From Canada
In my practice, I have seen firsthand how timely legal representation can make the difference between removal from Canada and a second chance to remain. ...
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Facing Removal From Canada
Facing removal from Canada can be frightening, especially when it happens without warning. Many people are surprised to learn that removal is not limited to ...
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Can a Permanent Resident Lose Their Status?
Permanent resident (“PR”) status in Canada comes with significant rights and privileges, including the right to live and work in Canada indefinitely and the ability ...
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