On your side during trying times
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 humanitarian and compassionate 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 H&C jurisdiction.
Increasingly, due to changes with the IAD Rules, front-ending of strong paper-based evidence can lead to possible early dispute resolution or alternative dispute resolution. We help clients navigate these processes.
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 inadmissibility hearing.
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
We handle removal order appeals in all areas – from financial inadmissibility, to medical inadmissibility. We work to help you understand what occurred and to either fight the legal validity, and argue discretionary H&C grounds.
We represent sponsors in the refusals of their family class sponsorships. Whether it is for criminality (see above) or due to concerns about the genuineness/primary purpose of the relationship, we will advocate for you and prepare a strong case to preserve you and your loved one’s best interests. We specializes in putting forward strong paper-based disclosure ear
We also take on appeals for failure to meet minimum necessary income or health inadmissibility, often common in parent and grandparent sponsorships. Will was previously co-counsel in a groundbreaking case arguing that IRCC’s online speed-based, first in system for selecting eligible Sponsors was discriminatory and contrary to s.15 of the Charter.
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