Federal Court and Immigration and Refugee Board Hearing

Chantal Desloges has appeared before the Federal Court and the different branches of the Immigration and Refugee Board of Canada on hundreds of occasions.

She has gained a strong reputation as an effective advocate for her clients and has helped hundreds of people receive positive decisions in the many type of Immigration proceedings before the Federal Court and the Immigration and Refugee Board of Canada.

Detention Review Hearings

What is a Detention Review Hearing?

A detention review hearing is an examination in front of a member of the Immigration Division of the Immigration and Refugee Board who will review your case and decide whether you should remain in detention or be released with or without conditions.

Upon 48 hours of detention, a person detained must appear as soon as possible before the member who will review the case.

Under what circumstances might you be detained?

The Canadian Border Services Agency (CBSA) provides integrated border services that support national security and public safety priorities while also facilitating the free flow of persons and goods.

As part of their mandate to ensure the safety of Canadians, CBSA officers are permitted to arrest and detain non-Canadians on a number of grounds. These grounds include:

  • The non-Canadian will not appear for immigration proceedings such as an examination or an admissibility hearing, or for removal from Canada; or
  • The non-Canadian poses a risk to the public because of past crimes, a history of physical violence, etc.; or
  • The CBSA officer is not satisfied of the identity of a foreign national

For more information on arrests and detention made by the Canadian Border Services Agency, please click here.

Admissibility Hearings

What is an Admissibility Hearing?

An admissibility hearing is conducted by the Immigration Division of the Immigration and Refugee Board (IRB) to determine whether or not an individual is admissible to enter or stay in Canada, following a complicated breach of the immigration laws of Canada, as set out in the Immigration and Refugee Protection Act (IRPA.)

If found inadmissible, the individual is required to leave Canada.

For more information on admissibility hearings, please click here.

Sponsorship Appeals

What is a Sponsorship Appeal?

If an application to sponsor a member of the family class is refused, the sponsor has the right to appeal the refusal to the Immigration Appeal Division.

For more information on sponsorship appeals, please click here.

Deportation Appeals

What is a Deportation Appeal

A Deportation Appeal is an opportunity given to some non-Canadian citizens who have been given a removal order against them at an examination or admissibilty hearing to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board.

Who can Appeal to the Immigration Appeal Division

Some foreign who are permanent residents and protected persons can appeal to the IAD.

For more information on admissibility hearings, please click here.

Federal Court

What is the Federal Court?

The Federal Court website states that “the Federal Court is Canada’s national trial court which hears and decides legal disputes arising in the federal domain, including claims against the Government of Canada, civil suits in federally-regulated areas and challenges to the decisions of federal tribunals.”

For more information on the Federal Court, please click here.

Can the Federal Court Hear Immigration Matters?

The Federal Court of Canada has the authority under Canada’s immigration law, to review decisions related to immigration.

How can you get the Federal Court to hear your case?

To have the court review your case, you must have a lawyer submit an application for leave and for judicial review.

Having the Federal Court review your case occurs in two steps. At the first stage, which is known as the “leave” stage, you must show the court that an error was made in the decision or the decision was not fair or reasonable. The Court will review the documents related to your case and can decide to grant leave and examine the decision in greater depth or to deny leave, thereby refusing to further asses your claim.

At the second state, called “application for judicial review,” you will be provided with an opportunity to attend an oral hearing, with your lawyer, before the court and explain why you believe the original decision was mistaken.

What is the effect of applying for Leave and for Judicial Review?

When requesting the Federal Court to review a decision made by the IRB, any removal order made against you is put on hold, and you can stay in Canada until the Court makes its decision.

The Federal Court can agree with the original decision or send your case back for reconsideration. If the court finds that there was no error in the decision of your case, you must leave Canada within 30 days.