Immigration Appeals

The licensed consultants of Able Immigration Inc. represent parties before the Immigration Division, Immigration Appeal Division and the Refugee Division.

• Representation and intervention before all Canadian High Commission, Canadian Consulate, Canadian Immigration and Border official, Immigration Division and Appeal Division.
• Sponsorship appeals for Spouse, Parents and Dependents.
• Sponsorship appeals on medical grounds.
• Adoption Appeals.

Our President, N. Juddoo, is a Certified Immigration Consultant Practitioner in Canada. He has fifteen years of experience dealing with complex legal matters internationally. He is a member of the Bar Association of Mauritius, full member of the Canadian Society of Immigration Consultants, and of the Canadian Association of Professional Immigration Consultants. He is a regular Practitioner before the Immigration Division and Immigration Appeal Division in Canada.

The Immigration and Refugee Board (IRB) was created in 1989. The IRB’s mandate is “to make well-reasoned decisions on immigration and refugee matters efficiently, fairly and in accordance with the law.”

The IRB has four divisions:

• Refugee Protection Division;
• Refugee Appeal Division (not yet in force);
• Immigration Division;
• Immigration Appeal Division.

Immigration Division

At the request of the minister of Public Safety and Emergency Preparedness, the Immigration Division conducts admissibility hearings for permanent residents and foreign nationals who are seeking admission to Canada or who are already in Canada and are alleged to be inadmissible. All admissibility decisions regarding minors must be made by the IRB.

A member of the Immigration Division conducts the admissibility hearing. The hearing is public, unless the person is a refugee protection claimant or a report for private proceeding has been granted, and proceeds in an adversarial manner. A hearings officer represents the minister of Public Security and Emergency Preparedness.

The person concerned has the right to be represented by counsel and to have an interpreter, and both parties can present evidence and call witnesses.

At the conclusion of the hearing, the member will either authorize the person concerned to enter Canada or will order the person to leave the country.

The Immigration Division also regularly reviews the reasons for detaining people under IRPA. Foreign nationals or permanent residents may be detained for the following reasons:

-they are likely to pose a danger to the public;
-they are likely not to appear for further immigration proceedings or for removal from Canada; or
-there are concerns about their identity. Immigration Appeal Division The Immigration Appeal Division hears appeals made by:
-Canadian citizens and permanent residents who have sponsored family class applications that have been refused by CIC officials;
-Permanent residents, foreign nationals who hold a permanent resident visa and protected persons who have been ordered removed from Canada by CBSA officials;
-The Minister of Public Security and Emergency Preparedness against an Immigration Division decision in an admissibility hearing;
-Permanent residents who have not fulfilled their residency obligations, according to overseas CIC officials.
-If foreign nationals or permanent residents have been found inadmissible on grounds of security, human or international rights violations, serious criminality or organized criminality, neither they nor—in the case of foreign nationals—their sponsors may make an appeal.

The Immigration Appeal Division is an independent tribunal with the powers of a court. A person has the right to be represented by counsel and to have an interpreter. The Minister of Citizenship and Immigration or the Minister of Public Security and Emergency Preparedness is also represented at the hearing, depending on whose decision is being appealed. The hearing is public unless the Immigration Appeal Division decides, on application, to hold it in private because there is a risk to any individual.