Immigration Law is a field of Canadian law that is of great interest to many. The purpose of the Immigration and Refugee Protection Act is to ensure that families are united. Families stay together when they successfully exercise their right to obtain lawful immigration status. Unfortunately, the complex immigration process can be overwhelming – especially for a foreign national who faces immigration challenges in Canada or overseas while seeking to gain immigration status. Foreign nationals and permanent residents who are found inadmissible may face extreme challenges of being removed from Canada. Too many Canadian families have suffered the heartbreak of deportation.
If you or a loved one is facing deportation or removal, call Nanda and Associates as soon as possible. Our experienced Mississauga immigration lawyers have helped many Canadian families with their immigration cases. Our staff speaks fifteen different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, and Chinese, Italian, Telugu and Tamil. We have the legal experience, language support, and sensitivity to help your family during this difficult time.
What are my legal rights during deportation proceedings?
Immigration rights in Canadian law are governed by the Immigration and Refugee Protection Act. There are many legal protections a foreign national has during removal proceedings, and it is important to hire an attorney who can enforce these rights:
The Right to an Admissibility Hearing
If your case has been referred to the Immigration Division for removal, you have the right to a admissibility hearing to determine whether you are admissible into Canada. When you are determined to be admissible, it means that you have the legal right to be in the country. At this hearing, you have the right to a defence. You can present evidence and give testimony. Most importantly, you have the right to hire a lawyer. An experienced immigration lawyer will know how to present an effective case for admissibility. An attorney will also know how to preserve legal issues for appeal.
The Right to Appeal a Removal Order
A permanent resident or protected person (legally recognized refugee) has the right to appeal to the Immigration Appeal Division. To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time that the appeal is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed; or
(c) other than in the case of an appeal by the Minister, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case.
No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on the grounds of security, violating human or international rights, serious criminality or organized criminality. “Serious criminality” involves a crime that was punished in Canada by a term of imprisonment of at least six months. Of course, there are cases where the alleged security violations, human or international rights violations, serious criminality, or organized criminality are not founded. In this case, it might be possible to challenge the government’s allegations in an immigration court.
The Right to Judicial Review
After you have exhausted your right of appeal within the Immigration Division, Canadian law allows you the right to appeal a decision, determination, or order made, a measure taken, or a question raised under the Immigration Act. This is made by an application to the Federal Court. If a judge grants leave to file your application with the Federal Court, he or she shall also schedule a hearing on your application. The Immigration Act provides that this hearing be no sooner than thirty days and no longer than ninety days after the leave is granted. As with an appeal to the Immigration Division, you have the right to put on a defence. You can present evidence and give testimony. An experienced immigration lawyer’s guidance can make a significant difference in the outcome of your case.
The Right Attorneys for Immigration Cases in Brampton
Canadian law provides legal rights to anyone facing deportation proceedings in Canada. It is important for immigrants to have the advice of a lawyer who can explain these rights and defend them to the Immigration Division. Call Nanda and Associates at 905-405-0199 or contact us online as soon as you become aware of immigration court proceedings against you or your loved ones. Our Brampton based immigration lawyers have helped defend the rights of many Canadian families. They are experienced in all types of immigration cases, and they can help you navigate the complicated immigration process.