Was your immigration application refused?
Appealing may be an option From time to time – and for many different reasons – an immigration application is denied. But that doesn’t mean that your chance of immigration to Canada is gone forever. You have several options and can appeal an immigration decision. Appeal an Immigration DecisionImmigration officers use a set series of guidelines to determine whether your application meets the requirements to immigrate to Canada. Sometimes, the officers make mistakes or don’t take everything into consideration.
Depending on the case you can:
Appeal your Canadian immigration application refusal at the Federal Court of Canada.
Appeal the immigration decision to the Immigration Adjudication Division (IAD).
Make a request for restoration to the case processing centre.
How Can I Appeal An Immigration Decision?
How you appeal an immigration decision depends greatly on several different factors. It depends on what type of immigration application it is, as well as where it was filed – in Canada or at a Canadian Embassy outside of Canada, for example.
What to know when Appealing an Immigration Decision
The most important thing to know when you need to appeal an immigration decision, is that you only have so much time to appeal. Depending on the application, you may only have as little as 15 days to appeal. A licensed immigration lawyer can help you determine the best avenue for your appeal to give you the best chance for success! Remember, if you get a refusal, do NOT delay!
Under the current immigration law, not everyone has the right to appeal an immigration decision. In addition, not every decision made by Canadian immigration
authorities can be appealed. Generally, only permanent residents of Canada have the right to appeal an immigration decision and only in certain situations, such as the refusal of sponsorship applications , issuance of removal orders against them, or if they have been found not to have met their residency obligations.
Appeals go to the Immigration Division (ID) or the Immigration Appeal Division (IAD), both of which are part of the Immigration and Refugee Board (IRB). The ID holds admissibility hearings for people who are believed to have contravened the Immigration and Refugee Protection Act (IRPA) and are facing removal from Canada. The IAD hears four types of immigration appeals: family class sponsorship, removal orders against permanent residents, permanent residents found not to be have met residency requirements, and appeals by the Canada Border Service Agency (CBSA) on decisions of admissibility made by the Immigration Division.
All decisions made by IAD and ID are based on the evidence provided and the law that applies to the case. You have the right to be represented by legal counsel at the hearing at your own expense. You also have the right to an interpreter and may call witnesses to support your case.
An appeal to the IAD is filed by completing an appeal form. There is time limit in the filing of the appeal.
If you are not happy with the decision of the IAD, you may seek permission and apply to the Federal Court for judicial review
