Irfan Law Office offers many services for Canadian Immigration including business expansions from foreign markets into Canada. We can help you with:

• Permanent Immigration and Canadian Citizenship
• Temporary Immigration – Work Permits, Study Permits, Visa Applications
• Inadmissibility Matters
• Hearings, Appeals and Judicial Review
• Application for permanent resident status as Provincial Nominee
• Application for permanent resident status based on family class
• Assistance in obtaining trade certificates and other registration
• All Business Immigration
• Humanitarian and Compassionate ground application
• Student visitor visas
• Detention Review, Refugee claims

Applications for permanent resident status under the Express Entry program including Federal Skilled Worker, Canadian Experience Class, Federal Skilled Trades, and Provincial nominations (under Express Entry) The Immigration Appeal Division (IAD) hears appeals on immigration-related matters, including sponsorships, removal orders and residency obligations.

• Sponsorship Appeals: If Citizenship and Immigration Canada has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the IAD.
• Removal Order Appeals : A permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa who has been ordered removed from Canada, may also appeal to the IAD.
• Residency Obligation Appeals: The law requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer with Citizenship and Immigration Canada (CIC) finds that he or she has not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the CIC decision.

Information which is used in IAD proceedings is treated as public information and will appear in IAD decisions. The decisions may be published on the Internet. The public and the media will be given a copy of the information and the decisions, upon request, unless a confidentiality order is obtained or unless exceptional circumstances apply. In order to make the immigration appeal process simpler, faster and more efficient, the IAD is testing new ways of managing immigration appeals. It has launched a number of pilot projects in the regions. If, in the assessment of the pilots, it is determined that one or more of these initiatives would help the IAD achieve its goals of processing appeals more efficiently, they will be adopted as part of the regular IAD process. The Initiatives section provides information on each initiative. If Citizenship and Immigration Canada (CIC) has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). Note: A sponsor may not appeal if the family member is inadmissible to Canada because of:

• a serious criminal offence punished in Canada by a term of imprisonment of two years or more
• involvement in organized crime
• security grounds
• violations of human or international rights, or
• misrepresentation (unless the person is the sponsor's spouse, common-law partner or child)

The sponsor has 30 days after the refusal to appeal to the IAD. Some sponsorship appeals go through an informal alternative dispute resolution (ADR) process. In most cases, a member (decision-maker) will hold a hearing of the appeal according to the IRB tribunal process. The appeal process involves two parties: the appellant and Minister's counsel who represents CIC. The process is also usually public, so media or members of the public may attend or report on the proceedings. If the appeal is allowed and the original decision is set aside, CIC will resume processing the sponsorship application. CIC is bound by the IRB's decision. However, it is possible for CIC to refuse the application on other grounds, and this may also be appealed to the IAD. Either the Minister of Citizenship and Immigration or the sponsor may apply to the Federal Court of Canada For leave, or permission, for judicial review of the IRB's decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for rehearing. What is alternative dispute resolution? The IAD may suggest that the appeal be decided through alternative dispute resolution (ADR). ADR is only suggested for appropriate cases. This process means that the sponsor and the Minister's counsel will sit down with a dispute resolution officer (DRO), assigned by the IAD, to discuss the case. The DRO will help clarify the issues in the case and encourage both sides to agree on a decision. If ADR is successful, there is no need for a hearing. Irfan Law Office can represent you in every step of your Immigration appeal.

Note: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a lawyer-client relationship.