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Appeals & Inadmissibility

Immigration Appeals

What it is: A legal process that allows individuals to challenge certain negative immigration decisions. Successful appeals can overturn a decision, allowing the applicant to remain in or enter Canada. Appeals are heard by the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).

Who Can Appeal?

  1. Sponsorship Refusals – Canadian citizens and permanent residents who had their family sponsorship application (for a spouse, partner, parent, or child) denied can appeal.

  2. Removal Orders – Permanent residents, refugees, and some foreign nationals who received a removal order from Canada may be able to appeal.

  3. Residency Obligation Appeals – Permanent residents found to have failed to meet the 730-day residency requirement in Canada can appeal the decision.

Inadmissibility

What it is: A legal barrier that prevents a person from entering or staying in Canada due to security, medical, financial, or criminal reasons.
Common reasons for inadmissibility:

  • Criminal Inadmissibility: Past convictions, including DUIs, can make a person ineligible to enter Canada. A Temporary Resident Permit (TRP) or Criminal Rehabilitation may be required.

  • Medical Inadmissibility: If an applicant has a condition that poses a public health risk or causes excessive demand on healthcare services.

  • Misrepresentation: Providing false information or omitting details in an immigration application can lead to a 5-year ban from applying.

  • Financial Inadmissibility: If a person is unable to support themselves or their dependents.

  • Security, Human Rights Violations, or Organized Crime: Individuals linked to espionage, terrorism, war crimes, or criminal organizations may be barred from entering Canada.

Overcoming Inadmissibility

  • Criminal Rehabilitation: A permanent solution for those with past convictions after a certain period has passed.

  • Temporary Resident Permit (TRP): Allows entry for a specific purpose despite inadmissibility.

  • Humanitarian & Compassionate Considerations: May be used in certain cases to justify granting PR status despite inadmissibility.

Judicial Review

What it is: A legal process where the Federal Court of Canada reviews immigration decisions to determine if they were made fairly and in accordance with the law. It is not a new hearing but an assessment of whether the decision-making process was legally sound. If successful, the case is sent back for reconsideration.

Who Can Apply?

  • Individuals who do not have the right to appeal to the IAD (e.g., failed refugee claimants, economic class applicants, temporary residents).

  • Those who lost an appeal at the IAD and want to challenge the decision.

  • Anyone who believes an immigration officer or tribunal made an unfair or unlawful decision.