Removal Order Appeal

[Hashem93]

Hi,

I was issued a departure order and I filed a removal order appeal with the Immigration Appeal Division based on the information I obtained from the IAD's official website. However, the IAD called me and informed me that they no longer have any association with my case since they already issued a departure order after a residency obligation appeal hearing. However, the agent mentioned that I need to seek legal advice and process my removal order appeal with the Federal Court. I need help in knowing what form should I fill in and where do I send it and how long is the processing time for such appeals? Is it the same Removal Order Appeal form that I filed to the IAD the one that I have to file in to the Federal Court?

Thank you

 

[computergeek]

It is very likely that you are too late.

You have 15 days to file an application for Judicial Review. See http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Practice_Guide_Immigration

I'd not advise attempting to do this yourself, unless you are quite familiar with brief drafting and formal legal process.

You or your attorney can argue for an extension of time for the 15 days (it's filed along with the application) and it sounds like you might even qualify for an extension because it has always been your intent to appeal, you were just trying to determine the proper body to whom you should appeal and granting does not seem to prejudice the position of the government in your case.

If you do not have an attorney, look through court decisions on the Federal Court website that are similar to your situation and find attorneys who have successfully argued such cases - just getting in front of the Federal Court is no small matter and winning means they have skill in this area. Decisions may be searched at http://decisions.fct-cf.gc.ca/en/index.html

Note that the Federal Court only considers procedural or legal issues. They do not consider H&C grounds.