Giving you advice that matters
We litigate residency obligation, sponsorship, criminality, and removal order appeals with the Immigration Appeal Division.
Preparing for an Immigration Appeal Division requires a relationship of trust and collaborative efforts to present one’s story and evidence. Whether it be changing the legal validity of a decision or arguing the Ribic factors in seeking discretionary jurisdiction, this area requires significant time investment, mutual effort from client and counsel, and a research-based approach. At Heron, we study the decisions made by the Immigration Appeal Division across Canada, to understand the decision-makers and their analysis.
We begin by filing your notice of appeal in order to preserve this right. Upon receipt of the Appeal Record (often referred to as the “Blue Book”) we begin reviewing both whether the decision is valid in law and whether you have access to discretionary
Residency Obligation Appeals
Residency Obligation Appeals are appeals for individuals who do not meet the residency obligation for permanent residents in Canada. Whether you believe an Officer erred in assessing you for an exemption, or you have significant humanitarian and compassionate grounds, we will carve a strategy to allow you to best present your case on a de-novo appeal. We help you provide significant documentary evidence for your case and select witnesses who can best testify to the strengths of your case.
Permanent residents may find themselves subject to the possibility of removal due to serious criminality. We help prepare you for your inad
For many criminality appeals, a stay of removal may be issued by the IAD. For this option, we will assist in negotiating the terms of a joint consent with the Minister’s counsel.
Removal Order Appeals
The most common removal order appeals we handle are misrepresentation cases. We work to help you understand what occurred and to either fight the legal validity of the misrepresentation (for example, innocent misrepresentation and/or not material to the Officer’s decision-making). If you choose to pursue discretionary jurisdiction, In misrepresentation cases, the seriousness of misrepresentation and remorse become additional factors.
Requests for Early Review/Resolution
Alternative Dispute Resolution
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