Immigration Division (ID) Litigation

Immigration Division (ID) hearings are held for those who are found to be inadmissible to Canada and for those who are being detained by the government in jail or in immigration holding centres.  One of the key practice areas of Fisher Law is to assist clients in navigating these particular hearings and understanding their intricacies.

1) Detention Reviews

The purpose of a Detention Review is for the government to assess whether or not you should continue to remain in detention. These reviews are held within 48 hours and then again 7 days after detention, and then every following 30 days. At each review, you have the opportunity to explain your situation.  You present the reasons why you should be released, and the government presents reasons why your detention should continue.

 

As with all hearings at the Immigration and Refugee Board (IRB), you may represent yourself at your Detention Review. However, this can be complicated as many situations require direct questioning of the government’s position, the selecting and questioning of witnesses, the presenting of arguments, and negotiation with government counsel. 

 

Fisher Law will be by your side for the entire process, effectively presenting the strongest arguments for your release, and working efficiently with IRB decision makers and government counsel.

2) Admissibility Hearings

 

Admissibility Hearings are at the request of the government in specific circumstances.  They are reserved for people who the government initially determines should not be considered for admission to Canada. The reasons the government requests an Admissibility Hearing are varied, and may include findings that the applicant violated immigration legislation, committed a crime, is a threat to the safety and security of Canada, lied during the application process, has disqualifying health and financial issues, or has accompanied an inadmissible family member into Canada.  

 

To present your situation as effectively as possible, Fisher Law will thoroughly investigate your matter, conduct issue-focused research to build an effective argument to establish your admissibility, draft robust submissions, and stand for you and with you in the hearing to ensure your story is properly considered and presented with strength.

Helpful Links

General Information

https://irb-cisr.gc.ca/en/hearings-reviews/Pages/index.aspx