I have an immigration hearing coming up. How should I prepare?

Immigration Hearing Q and A

Q. I have been illegally here for many years and now things have caught up with me. I have an immigration hearing next month and I don’t know what to do? Do I need a lawyer?

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A. Depending on your circumstances, the outcome of  your immigration hearing could mean remaining  or leaving Canada. For people without status in Canada, immigration hearings are usually called Admissibility Hearings.  Admissibility hearings are conducted by a Member of the Immigration and Refugee Board (IRB) who will make a determination as to whether you are a person who has violated the Immigration and Refugee Protection Act or Regulations by falling out of status as a temporary resident.

Immigration Hearings and Appeals for Permanent Residents

In some cases, Immigration hearings can take the form of Appeals,usually for Permanent Residents who have committed a criminal offence and are subject to removal orders. In such a case, these hearings are held at the Immigration Adjudication Division (IAD). At the IAD, the appellant can present evidence in favor of overturning his or her removal order showing there are humanitarian and compassionate factors to be considered. Often at IAD hearings, witnesses are called who can testify on behalf of the appellant.

So do you need a lawyer at an Immigration Hearing?

Technically the answer is “no”. However, invariably at immigration hearings, a government lawyer or agent will be present representing the immigration department. These representatives are usually very experienced and know the law. Unrepresented persons are therefore at an extreme disadvantage at immigration hearings despite efforts to ensure proceedings are conducted in a fair manner.  Retaining an experienced immigration lawyer is usually your best defense at an immigration hearing. Of course there are no guarantees. However, outcomes are generally more favorable when immigration counsel is present at an immigration hearing.

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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