ADMISSIBILITY & Removals

Understanding Admissibility Hearings

An admissibility hearing is a crucial examination conducted by the Immigration Refugee Board (IRB) to determine if an individual can legally stay in or enter Canada. This procedure, distinct from a court trial, involves a deliberation between the individual under scrutiny and a representative of the Canadian government, where allegations of inadmissibility are addressed. The outcome of this hearing can be the issuance of an order that either permits the individual to stay in Canada or mandates their departure.

Admissibility hearings are extremely serious and can have long-term ramifications for the person involved.

What Triggers Admissibility Hearings

Individuals may require our legal expertise in admissibility hearings under two primary circumstances:

  1. if they are denied entry into Canada by the Canada Border Services Agency (CBSA); or
  2. if they are already within Canadian borders but are considered inadmissible due to reasons such as failing to meet immigration regulations, being linked to criminal or organized crime, posing a security threat, misrepresentation, or health-related concerns.

Grounds For Inadmissability

Various factors can lead to a person being deemed inadmissible to Canada. These include:

  1. Criminal Charges or Convictions, Either within Canada or Abroad;
  2. Association with Criminal Organizations;
  3. Acts of Terrorism;
  4. Medical Inadmissibility;
  5. Financial Inadmissibility; or
  6. Misrepresentation in immigration applications.

Outcomes of Admissibility Hearings: Deportations

The decisions from admissibility hearings lead to one of two outcomes:

  1. Positive Decision: a favourable ruling allowing the individual to stay in Canada without restrictions, or
  2. Removal Order: a removal order directing them to leave the country (i.e. deportation).

Three types of removal orders exist:

Our law firm is adept at navigating the complexities of the three main types of removal orders issued by Canadian immigration authorities: Departure Orders, Deportation Orders, and Exclusion Orders, each varying in severity and implications.

A Departure Order allows for voluntary compliance within 30 days to avoid harsher consequences, while a Deportation Order enforces a more permanent removal unless overturned by an Authorization to Return to Canada. An Exclusion Order imposes a temporary ban of one to five years. We also offer counsel on the option of ‘voluntary departure,’ which could be beneficial for those wishing to return to Canada after addressing specific issues. If faced with any of these situations, it is crucial to seek our legal advice to understand your rights and options.

Appealing Admissibility Decisions

Should an appeal be necessary following an unfavorable decision, our team is proficient in representing clients at the Immigration Appeal Division. We commence our legal services with a comprehensive consultation, gathering pertinent documents, preparing affidavits and briefs, and organizing witnesses if required, all aimed at affirming your admissibility.

Protect Yourself Against Removal: Call Now

Navigating through immigration matters can be a daunting challenge, especially when you’re confronted with the risk of being denied entry or facing removal from Canada. These critical moments, often filled with uncertainty, call for skilled legal representation to defend you in admissibility hearings. Our law firm is dedicated to guiding you through this complex process, focusing on your right to remain in Canada and identifying the most effective strategy to secure your stay.

If you are facing a removal order, Call Us Now at 778-653-3995 for a preliminary consultation.

Each case is approached individually for personalized attention and meticulous defence. making us a beacon of hope for all assault charges.With a track record of success that speaks volumes, our practice stands as a beacon of hope for those facing all types of assault charges.

Results

  • R. v. A.M. (2023) Case

    Client faced severe charges of sexual assault, assault by choking, and uttering threats, with the potential for a long-term jail sentence if convicted. The case proceeded to a weeks-long trial before a jury in the Supreme Court of British Columbia, involving high stakes for the client. After an intense three-day cross-examination of the complainant, the jury returned a unanimous verdict: Not Guilty on all charges.

    Client fully acquitted after trial

  • R. v. S.S. (2023)

    In a complex case involving multiple allegations of serious sexual assault, the matter was set for a a jury trial in the Supreme Court of British Columbia. Recognizing what was at stake, Mr. Vayeghan took a strategic, results-oriented approach. The Firm engaged in months-long negotiations with the Crown, successfully identifying weaknesses in their case. Ultimately, all sexual assault charges were dropped in favor of a Peace Bond, allowing our client to avoid a criminal record.

    Peace Bond Imposed. No Criminal Record. Sexual Assault Charges Dropped.

  • R. v. S.R. (2023)

    Client was charged with a significant drug trafficking offense in British Columbia, with the potential for a lengthy jail sentence. Our legal team engaged in an extensive Charter challenge, questioning the validity of the police search and arrest procedures. Following comprehensive negotiations with the Crown, a Stay of Proceedings was directed on all charges.

    All charges dropped, Stay of Proceedings issued.

  • X. v. Canada (2023)

    Client fleeing political persecution for leading a mass protest campaign against the governing military dictatorship of her home country. Client sought political asylum in Canada

    Client is successful in her asylum claim. Asylum Granted.

  • R. v. J.L. (2022)

    Client facing a serious allegation of aggravated assault. Client at risk of a long-term jail sentence if convicted. Matter proceeded to trial before a judge and jury at the Supreme Court of British Columbia. During a lengthy trial, the jury heard arguments on self-defence.

    Acquittal: Jury Finds Client Not Guilty of Aggravated Assault. No Criminal Record.

  • B.C. Securities Commission v. J. V. (2021)

    Client accused of participating in a multi-million dollar fraud scheme involving international market manipulation. Through extensive negotiations with the Director of the BC Securities Commission, client walked away with a minimal fine and no criminal law

    No Criminal Record.

TESTIMONIALS

  • A huge thank you to Mo Vayeghan who worked as my lawyer on multiple cases. Mo Vayeghan goes above and beyond for his clients, working overtime to provide the best possible outcomes. Mo is incredibly knowledgeable about the legal justice system and provides the upmost professional advice and support, paying close attention to every detail of the case. I would like to personally thank Mo for his hard work and dedication, as he successfully got all of my charges dropped before a trial started. I wish you the best and thank you for your time! I would highly suggest Mo Vayeghan to anybody looking for a great defence lawyer.

    -S

  • Yalda Kazemi is one of the best and most reliable in Canada. I am very happy that I can speak my mind here. Mrs. Kazemi is so patient, persistent, compassionate and honest that she was like a support for me and she defended me and gave me a new life. You are unique, Ms. Kazemi, in the true sense of a human being in every sense

    M.H.

  • I wanted to say a few things about MO ???? screaming his name & shouting to all he is hands down the most professional & efficient lawyer. I would without a doubt recommend Mo Vayeghan . I appreciate him and the work he has done not only is he caring he also gets the job done. He took the time to listen He brought hope to our family & I will always be grateful THANKS Melissa & Hasler

    M.H.

  • Unfortunately I was in need of legal assistance in a serious Criminal offence which could put my entire life in jeopardy. I was referred to multiple lawyers till I met Moe, he’s knowledgeable and knows the procedures, patience is key as any sort of legal matter will take time to be taken care of in the most easiest and cleanest way, and Moe is the right man for this job. Thanks Moe I owe you big time!

    A.K.

  • I would like to thank Mrs. Yalda Kazem Shirazi. These words are not enough to describe my happiness and gratitude with Yalda. She is a very smart and calm lawyer, firm, expert, reliable, knowledgeable. One of the best lawyers I have seen. She handled my case with ease and the process went very smoothly. I really appreciate her and am glad to have worked with her on my case. I highly recommend Ms. Yalda Kazem Shirazi as your lawyer.

    N. D.

  • I wanted to thank Mr. Vayeghan, he is one of the best and most professional in their work, I have worked with many lawyers, but I can boldly say that by far they are one of the most responsible lawyers I have ever seen, kind, responsible, with Ethics, accessibility, professionalism, hard work and right workI am very happy with my choice and I offer everyone the experience of working with them. In fact, accompanying them on the way to work is like having an encouraging close family.

    S.R.

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