Frequently Asked Questions
What happens at the consultation?
You will provide details and explain your legal issues to your lawyer. Your lawyer will clearly and honestly outline all your potential options, provide recommendations, and answer any other inquiries you may have.
What should I bring to the consultation?
Bring identification for yourself and for any individual that accompanies you. Bring all documents that you believe pertain to your legal inquiry such as refusal letters, exclusion/deportation orders, applications, Federal Court documents, paperwork with former lawyers/consultants.
Can I have my consultation over the phone?
In some cases, consultations over the phone may be appropriate and a teleconference can be arranged.
I don't live in the Lower Mainland. Can Kang & Company still represent me?
Yes, we can arrange a teleconference and also have strategic alliances across the world as we work with individuals around the world.
Can a refused immigration application be appealed?
Almost any decision made by the immigration, citizenship, or refugee authorities may be challenged by way of Judicial Review in the Federal Court of Canada. As examples, a decision made by a visa officer to refuse an Express Entry application, or a decision of a citizenship judge to reject a Citizenship application, are both reviewable by the Federal Court. This means that the Court will review the decision to decide whether it was lawfully made, and can overturn the decision if they find a legal error.
Exceptions to this rule are types of cases that already have a legal right of appeal, for example a decision of the immigration authorities to reject a spousal sponsorship application. In this instance, the sponsor has a right of appeal to the Immigration Appeal Division and does not need to seek judicial review in the Federal Court cases, consultations over the phone may be appropriate and a teleconference can be arranged.
HOW LONG DO I HAVE TO APPEAL?
An application for leave and for judicial review to the Federal Court must be made within strict deadlines, generally 15 days of a refusal made in Canada, or 60 days of a refusal made outside Canada, so it is important to act promptly to preserve your appeal rights.
What is the sponsorship Appeal Process?
Almost any decision made by the immigration, citizenship, or refugee authorities The IRCC will sometimes deny an application for family sponsorship. This simply means that the IRCC has refused a Canadian citizen or permanent resident their request to sponsor a close family member to immigrate to Canada. In this case, the sponsor may file an appeal through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board in Canada (IRB).
Not all applications that have been refused can be appealed. A sponsor may not appeal if the application is denied because of:
• A serious criminal offence that is punishable in Canada by imprisonment of not less than six months
• The application was denied due to involvement in organized crime
• Security reasons
• Applications that were denied due to violation of human or international rights
• Misrepresentation, with the exception of a spouse, a common-law partner, conjugal partner or child
Do I need a lawyer to appeal a removal order?
Appeals before the IAD involve complex issues of law and procedure and it is therefore highly recommended that an appellant retain the services of an experienced immigration lawyer to assist them with their case. It should also be considered that the process before the IAD is adversarial and that the immigration authorities will send their own lawyer to defend the decision to issue the removal order. Those who attempt to represent themselves or use inexperienced counsel therefore do so at their own risk.
The Law Office of Malvin J Harding has over 30 years of experience assisting clients before the Immigration Appeal Division.