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How long do immigration hearings take in Canada?
Suppose no ADR is scheduled or the ADR is unsuccessful, and the case is not otherwise resolved through written submissions. In that case, the appeal will be scheduled for a hearing before a judge by an Immigration hearing lawyer. This can sometimes be a long process, and a hearing may not be scheduled for more than one year, depending on the workload of the Appeal Division office. An experienced immigration hearings lawyer will understand exactly what is required and can help you navigate the process.
Once the appeal hearing is held, the judge may make an oral decision immediately at the end, but usually, the judge will reserve his or her decision, write it down, and mail it out later. If the judge issues a written decision, this will usually take about one month but maybe longer, depending on the workload of the particular judge. Again, your Immigration Hearings Lawyer in Toronto will help you with this process.
Altogether an appeal before the Immigration Appeal Division is likely to take between six months and two years.
What happens at an immigration hearing?
Once the appeal has been filed, the immigration authorities will prepare the Tribunal Record, which is a copy of their file related to the immigration case which is being appealed. The record is normally produced within three or four months after the appeal is filed, and a copy of it will be provided to the appellant by mail.
After the Record has been provided, staff at the Appeal Division will review it to see if the case might be amenable to early resolution through written submissions or the Alternative Dispute Resolution (ADR) process. If the Appeal Division believes that an ADR is justified, they will set a date for the meeting, usually within six to eight months of filing the appeal. If the ADR is successful, the case will be resolved in the appellant's favour.
What are the 4 main classes of immigrants coming to Canada?
- Economic immigrant
- Immigrant sponsored by family
- Refugee
- Other immigrants
How long does it take to get a decision in Canada?
Except in cases where a hearing is held, proposed timelines for a RAD decision are 90 days from when the appeal is presented. Under Canada's Immigration Law, if your refugee claim is rejected, you will still be able to seek a judicial review at the Federal Court of Canada to review negative IRB decisions.
Upon receiving a positive decision on their refugee claim, claimants receive protected person status with the full spectrum of federally funded settlement services becoming available to them. In addition, a refugee claims lawyer understands that a positive Pre-Removal Risk Assessment decision also results in protected person status for the individual in most cases.
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"Professional Immigration Law Services"
DUSTIN A. MORGAN
( Canada Students Visa )