Appeals before the (IAD)

APPEALS BEFORE THE (IAD)

Our practitioners at Cougar have many years of experience in representing clients before the Immigration Appeal Division (‘IAD’). We assist our clients in complex matters relating to residency obligations, removal orders, and Family Class sponsorship. We carefully review the facts of your individual case to prepare the best strategy on how to proceed with your appeal before the IAD.

In some circumstances, you may be deemed not to have a right to an appeal. There are several reasons as to why someone cannot appeal their case to the IAD, such as being alleged to be a national security threat, alleged to have violated human or international rights, or being suspected to have been part of an organized criminal syndicate. In such cases, our skilled immigration and refugee lawyers will work with you to determine how we can best present your matter on a case-by-case basis.

Client Preparation And Representation

Cougar Immigration will prepare you for your hearing process. Given that the hearings are open to members of the public, such preparation is essential for the ability to answer questions. We will make strong arguments for your case during the oral hearings, and will prepare you in the event that the Ministers’ counsel from the Canada Border Services Agency are present, as they may provide evidence or cross-examine you.

Document Preparation For The Hearing

Cougar will help you understand that documentary evidence such as telephone bills, photographs, letters, airline tickets, money orders/deposit slips, photographs, videocassettes, receipts for gifts and bank statements are very important in supporting you to win your appeal. We will also ensure that you adhere to the required timelines for submitting these documents to the IAD.

Witness Preparation

Cougar prepares witnesses to answer questions at your hearing. Your witnesses will receive proper guidance on how to meet the timelines for providing necessary witness information to the Immigration Appeal Division and the Minister’s counsel. Cougar will also handle your expert reports and ensure that the reports contain all necessary information. If your witness is outside Canada, we will make proper arrangements for them to testify at the appeal hearing by telephone. We will work with you to ensure that your witness can be reached by telephone during the hearing.

Alternative Dispute Resolution Process

n appropriate cases, Cougar will discuss the option of Alternative Dispute Resolution (ADR) with you. During this process, we will assist you in your dialogues with the Minister’s representative, or a Canada Border Services Agency representative.

In most appeal matters, ADR can shorten the appeal process, minimize the costs, and provide an opportunity to resolve your appeal immediately after receiving a negative decision. We encourage you to consider ADR in particular matters such as rejection of a permanent residency application, as it is a chance to openly discuss your case, tell your story, and engage in discussion with a representative of the Minister.

Cougar’s experienced representatives are helpful at this stage as they can address the important issues in order to expand the opportunity for the application to be resolved favourably.

Appeals To Supreme Court Of Canada

APPEALS TO SUPREME COURT OF CANADA

The Supreme Court of Canada (SCC) is Canada’s final court of appeal. This means that your immigration case will first be heard by the Federal Court and then the Federal Court of Appeal. Immigration and refugee appeals are heard by the SCC only if leave to appeal is granted. Leave to appeal is granted in cases that involve issues of public importance or if the case raises an important issue of law that warrants consideration by the court. The SCC receives approximately 600 applications for leave each year. Of these applications, the Court grants leave in approximately 80 cases.
Cougar Immigration in association with trusted partners and lawyers will frame your immigration or refugee application for leave to the SCC in a persuasive manner, capturing the court’s attention. We will present your legal issue as one that warrants national concern and will help develop Canadian immigration law. Alternatively, if you are responding to a leave application, we will seek to convince the SCC that no further appeal is necessary. Applications for leave to appeal to the SCC need to be completed within 60 days of the receiving a judgement from the Court of Appeal.

Why Cougar

 Cougar immigration and refugee lawyers have experience filing for Leave to Appeal before the Supreme Court of Canada. We have expertise in drafting memorandum of arguments and a reputation as quality litigators. We can handle your immigration or refugee appeal and demonstrate that it raises an issue of public importance and should be decided by the Supreme Court of Canada.
Our experienced team will carefully review the lower appellate court decision and craft your grounds of appeal. The effective arguments developed for your case, combined with our first-rate advocacy skills, will enhance your chances of success before the Court.
If you would like to discuss your appeal to the Supreme Court of Canada, please contact us today to arrange for a consultation with one of our immigration and refugee lawyers.

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