Canadian Immigration Petitions

Canadian Immigration Petitions

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If immigration authorities believe a foreign national (includes temporary and
permanent residents) poses a danger to the public they will be detained. A
Canada immigration lawyer will also tell you that this can happen if the
persons true identity is called into question. The detention will be reviewed
by a judge at a hearing who will want to look at the reasons why the person was
held by immigration authorities. At this hearing the detainee is allowed to show
why they should not be detained as well present an offer to post bail for their
release. When first detained a detention review hearing is held within 48 hours
by the Immigration Division of the Immigration and Refugee Board. The person
could be released at this first hearing, if not, the next hearing will be 7 days
later (further review hearings will be held every 30 days). During each hearing
the Board Member will review the evidence present and make a determination on
whether the person can be released at that time or not. A Canada immigration
lawyer can often be of great assistance in such a scenario.



Interviews with Immigration Officers

In certain cases an applicant or a person of interest to immigration authorities
may be called in for an interview with an immigration officer. These interviews
are to gather information and/or to allow a person a chance to respond to any
concerns Immigration has regarding them before making a decision on their case.
These interviews are important to the potential approval of an application so it
would be wise to bring a Canadian immigration lawyer to represent you when
attending such an interview.



Canada Immigration Hearings

Hearings are loosely attributed to any litigation that does not fall into the
category of appeal when it comes to immigration. A Canada immigration lawyer
will often help clients prepare for these hearing which take place in front of
the Immigration and Refugee Board (an administrative tribunal). In some cases
interviews will take place in front of an immigration officer. At this time the
person is allowed to present evidence to support their case before a
decision-maker with the help of a lawyer if they so desire.
Refugee Hearings

Any person who by staying in their home country feels their life is in jeopardy
due to the lack of available protection by authorities fall into the category of
refugee. Because Canada has long held a reputation for its humanitarian efforts
in helping refugees, Canadian immigration lawyers often assist clients with
receiving this surrogate protection. A person just entering Canada (i.e. at an
airport) can apply for refugee status, or it can be done by a person already in
the country. If a refugee applicant is successful in achieving status in this
category they are eligible to apply for permanent residence in Canada.

There are basically three bases that a refugee claim can be founded upon if a
person expects to be approved as a refugee in Canada: 1) they must face risk to
their life or be subject to unusually cruel punishment if they remain in their
home country, 2) they must be subject to torture if they remain in their home
country, or 3) they will be subject to persecution based on race, religion, or
nationality if they remain in their home country.
A Canada immigration lawyer can help a potential refugee begin the process of
claiming this status in Canada which starts with filing a claim. The applicant
will be given the chance to stand before the Refugee Protection Division of the
Immigration and Refugee Board to present their case. It will be the decision of
the representing Board Member on whether or not to grant the refugee protection
to the individual.



If the claim is denied the individual may make a further appeal to the Canada
Federal Court. If, however, the claimant is seen by the Board Member as being in
legitimate need of being declared a refugee, the person may then apply for
permanent residence in Canada.



Admissibility Hearings

A Canadian immigration lawyer knows that foreign nationals that fall into
certain categories, including those with temporary and permanent resident
status, are legally prohibited from staying in Canada. Anyone with a prior
criminal record, anyone who has not completed the necessary steps to secure
their admission to Canada, and anyone who misrepresented who they actually are
among the major categories of people who fall into this prohibited category. Any
person deemed by immigration authorities as possibly needing to be in this
prohibited category may need to attend a hearing. The hearing, which will be
held before the Immigration Division of the Immigration and Refugee Board, will
be to determine if the person can stay in Canada or will be required to leave. A
Canada immigration lawyer will be useful in helping to prepare any evidence that
would support a decision to stay in Canada by the Board Member. A person who is
denied will be issued a removal order; it is possible that the removal order, if
issued, can be challenged by way of a judicial review.



Detention Review Hearings

There are specific instances where immigration authorities may detain foreign
nationals even though they are temporary or permanent residents. If it is
believed that these individuals pose a threat to Canadian citizens, are not who
they say they are, or are not likely to appear before immigration authorities on
their own, they may be detained. A Canadian immigration lawyer may be of
assistance to a detainee who must have their detention reviewed by a judge at
their review hearing. At this time evidence needs to be shown that will support
release and an offer can be made to post bail in order to be released. The
hearings, held by the Immigration Division of the Immigration and Refugee Board,
will occur after 48 hours of being detained. If not released at this time,
another hearing will be held in 7 days. After this a Canada immigration lawyer
can be helpful in preparing for any additional hearings, which will occur every
30 days after that until the person is released.





Interviews with Immigration Officers

Certain circumstances will cause immigration authorities to request an interview
with a person who has filed an application for immigration. This interview is an
information gathering session and/or a chance to give the party a chance to
respond to concerns immigration has regarding their case before making a final
decision. These interviews are critical and must be taken seriously, and for
this reason hiring a Canada immigration lawyer to represent you would be wise.




Canadian Immigration Petitions

There are some applications that can be made to immigration authorities when
seeking temporary or permanent resident status on a discretionary basis aside
from formal or court tribunal appeals. A Canada immigration lawyer would know
that these petitions are made in request of immigration in the hopes that their
discretion is used in order to approve a case even if an applicant happens to
already be in the country illegally. This can also be the case if they are
currently under removal order or in some other way have been classified as
inadmissible to Canada.
Pre-Removal Risk Assessment

There is a type of application known as a Pre-Removal Risk Assessment (PRRA)
which is available to those in Canada facing a removal order but fearing for
their life or safety should they be required to return to their home country. A
Canada immigration lawyer will point out that the PRRA is not too different from
a refugee claim since considerations are being made based on the fact that
persecutions, possibility of torture, and risk of cruel punishment are at stake
for the individual. The difference between the PRRA and the claim of refugee
status is that no hearing rights are given in order to expedite the process.
This is not to say that in certain cases a hearing might not be held before an
immigration officer. A person who is at risk under PRRA may file for permanent
residency in Canada.



Humanitarian & Compassionate Applications

There is also a Humanitarian and Compassionate (H&C) application that a Canadian
immigration lawyer can help file which is an in-Canada application for permanent
residence. This application is for those who are not able to go back to their
home country to apply for immigration to follow the standard process because by
doing so they would face some sort of harm or hardship. The H&C has been set up
as a category of exception for use in a wide range of scenarios. It is,
therefore, not specifically set up for use as a refugee application, even though
a persons risk of harm or life endangerment is one factor that can be used when
filing under this category. If there is an in-land family sponsorship involving
a child, spouse, or parent of a Canadian citizen who does not want to return to
their home country for compelling reasons this could be and H&C situation; or if
a person does not have legal status but has been living in Canada for a number
of years and would face hardship if forced to leave, this could also fall under
the H&C category. Canada immigration lawyers help many file under this category
due to its flexibility in giving people a chance to remain in Canada who would
not qualify under another category of the immigration and refugee system. A
person should be prepared to be asked in for an interview with immigration
authorities before a decision is rendered on their case.



Temporary Resident Permits

A person may need to enter Canada on a temporary basis while classified as
inadmissible. If they have a good enough reason, they can file for a Temporary
Resident Permit with the assistance of a Canadian immigration lawyer. This
specific type of visa, if issued, can be valid for up to 3 years. An immigration
officer will assess the applicant and determine if they qualify based on
Humanitarian and Compassionate grounds while still considering what is in the
best interests of Canada. An interview may also be requested. If a foreigner
wants to enter Canada and has a minor criminal record making them inadmissible,
this would be an example where H&C grounds would be decided. The risk of
allowing the person to enter Canada would be assessed and balanced against the
persons need of entering the country. Only if the risk appears to be minimal
will the applicant be allowed to enter on a temporary basis. For this reason a
Canada immigration lawyer knows that Temporary Resident Permits allow
flexibility in being allowed admittance into Canada because they can enter based
on a wide range of circumstances.



Rehabilitation Applications

A foreign national with a criminal record is generally not allowed to enter
Canada. An exception to this rule would be if 5 years have gone by since the
criminal sentence was finished. In this instance the applicant would be filing
for criminal rehabilitation in the hopes of lifting the inadmissibility status.
The Canada immigration lawyer would be helping the client to show that they are
in fact rehabilitated and would pose no threat to the Canadian society. In this
case an interview may also be requested.

About the Author:
The author is a Canadian Barrister & Solicitor and a member of the Law Society of Upper Canada. As a licensed Canadian Immigration Lawyers , the author is authorized to represent clients in immigration cases.



Article Originally Published On: http://www.articlesnatch.com


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