Immigration Hearings


Residency Appeals

If you are a permanent resident, and by happenstance, you found yourself out of Canada long enough to violate the physically present rule that comes with the PR status, you might be at risk of losing your status in Canada.

As per the Immigration and Refugee Protection Act (“IRPA”), a permanent resident must be physically present in Canada for at least 730 days out of every 5 years. Sometimes life gets in the way, and this important aspect of the PR status gets overlooked. You can appeal this decision to the Immigration Appeal Division provided you did not receive a removal order inside Canada. In this appeal, rather than just submitting an application for yourself, it is necessary to submit a Notice of Appeal form for each person who is affected by the loss of status. These notices must be filed 60 days after the refusal letter.

Permits and Visas
Gtaduation Work Permits


Sponsorship Appeals

If your application to sponsor a family member was refused, you have the ability to appeal that refusal with the Immigration Appeal Division. This provides you with another chance to argue as to why the application should be approved. During this process, you will be able to provide further evidence to prove your case.

An appeal cannot happen if the person you were trying to sponsor was found inadmissible to Canada due to serious criminality, organized crime, on security grounds, violations of human or international rights, and misrepresentation.

Otherwise, you must be a permanent resident or a Canadian citizen to appeal a refusal on the sponsorship application. Once you receive the refusal letter, you have 30 days to file the Notice of Appeal. It is important to be prepared for the hearing once it is scheduled. At Esna Law PC, we will make sure that you are adequately ready to answer the questions that will come up, whatever they might be.


Removal Appeals

Throughout whichever application might be your case, you might end up being faced with a removal order. You might be able to appeal an order if you are:

  • A permanent resident of Canada.
  • A foreign national and you have a permanent residence visa.
  • A Convention refugee or Protected Person.

The appeals are filed through the Immigration Appeal Division and will require an explanation as to why you must remain in Canada. The appeal will not be available for those that were found inadmissible to Canada based on serious criminality, organized crime, on security grounds, or violations of human or international rights.

If you need help with filing your removal appeal or you require legal representation at your already scheduled hearing, contact Esna Law PC.


Detention Reviews

The Canada Border Services Agency (“CBSA”) can detain or hold a permanent resident or foreign national if there is a possibility that:

  • The person is not likely to attend an examination, hearing or removal.
  • The person poses a dangerous risk to the public.
  • The person is inadmissible for various reasons.
  • The person has not proved their identity properly to the officer. This last possibility is only applicable to foreign nationals.

In these cases, the individual might find themselves held in a minimum-security immigration holding centre, or a provincial correctional facility. If this happens, the timeline moves incredibly quickly and requires a lot of active participation on the part of those who are trying to help this person. Detention reviews are held by the Immigration Division, and the first one is held within 48 hours of detention.

This process is called an adversarial hearing, as there are two sides arguing for either to keep the individual in detention or release them. At Esna Law PC, having an extremely comprehensive understanding of the ins and outs of detention reviews, we are confident in our experience.


Inadmissibility Hearings

These hearings occur when the Canada Border Services Agency (“CBSA”) has grounds to believe that a person should not enter or remain in Canada. These hearings are held with the Immigration Division and are separate from the CBSA.

At these hearings, evidence is provided along with a list of witnesses that are related to the case. Each witness must be prepared to testify and have a strong understanding of how these hearings work. In turn, all the evidence must be compiled in a way that reflects the case and filed in an organized manner on a timely basis.

If you would like to speak to us regarding your upcoming admissibility hearing, please do not hesitate to contact us.