Immigration courts decide on the presence of foreign nationals in a country, including who can stay, their status, and who should be removed. Each country has its own requirements for entry, work permits, residency, and citizenship. Immigration courts also hear cases involving petitions to extend stay or change status. If an application is denied, the applicant can appeal in court.
The immigration court is the court operated at the highest level of a country’s government which hears cases relating to foreign nationals and their presence within the country. An immigration court generally has the ability to decide who is allowed to stay in the country, what status a foreign national has in a country, and who should be forcibly removed from the country. Each country determines its own entry requirements, as well as its own work permit, residency, and citizenship requirements. Anyone wishing to visit, work or reside in another country must obtain the appropriate permit. The specific requirements vary according to the country and country of origin of the foreign citizen.
An immigration court will hear cases where there is a dispute arising from the presence of a foreign national in the country. A common example of a case heard in immigration court is a removal proceeding. When a foreign national is alleged to be present in the country without the appropriate permit, a removal procedure will be initiated in the immigration court. The immigration court will then decide whether the foreign national is actually present illegally in the country and may order his removal.
Immigration courts do more than just hear removal cases. An immigration court could also ultimately decide cases involving petitions filed by a foreign national who is legally present in the country to extend his stay or to change his status within the country. For example, a foreign national may have entered the country as a visitor but may wish to apply for permission to work in that country. A foreign citizen could also be present in the country as an employee of a multinational company but later decide to stay in the country and apply for residency.
In many countries, the immigration process is administrative in nature, which means that a government agency reviews and approves or denies your application without the need for a court appearance or intervention. If, however, an application is denied, the applicant often has the right to appeal the decision in an immigration court. In that case, the court will examine the facts of the case and issue a judicial decision regarding the application.
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