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Immigration Appeals

Deportation Appeals

Under the IRPA, CBSA may order some people to be removed from Canada. The Immigration Division can also order people to be removed as a result of an admissibility hearing.

Some foreign nationals with permanent resident visas, permanent residents and protected persons who have removal orders issued against them can appeal to the Immigration Appeal Division of the IRB. They may argue that the deportation order should be cancelled if they believe an officer or the Immigration Division made a legal error or they believe there are humanitarian and compassionate grounds for them to stay in Canada.

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Federal Court Judicial Review

Under the immigration laws of Canada, you can apply to the Federal Court of Canada to review decisions made by immigration tribunals and officers. Note that Minister’s counsel may also ask for a judicial review of a decision that is in your favour.

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Residency Appeals

The Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every 5 years. There are exceptions to this rule. If a permanent resident is outside Canada

then time spent residing outside Canada is considered to be equivalent to residing in Canada.

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Sponsorship Appeals

If you are a Canadian citizen or permanent resident whose application to sponsor a family member has been refused, you may appeal the negative decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).

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