When Can You Appeal an Immigration Refusal?

Canada flagIf you believe you do not deserve a refusal and you are at risk of losing your immigration privilege because of an immigration decision, you may file an appeal. However, doing it yourself may slim down your chances of getting a favorable reversal of the decision.

You need an experienced immigration lawyer to properly file the notice of appeal on your behalf. This is where the expertise of Vancouver immigration lawyers at Niren and Associates come into play. Niren and Associates have specially helped countless immigration petitioners and appellants who wanted an unfavorable immigration decision reversed.

Ways to Appeal an Immigration Decision

There are many possibilities why an application is denied. But that doesn’t mean that your opportunity to immigrate to Canada is lost entirely. There are alternative ways to appeal an immigration decision. These are:

  • You can appeal your Canadian Immigration Application Refusal to the Federal Court of Canada.
  • You can appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD).
  • You can make a request for Restoration to the Case Processing Centre (CPC).

Note that when you receive a refusal on your immigration application, you have to make a quick evaluation of your case before your right to file a petition expires. Hiring an immigration lawyer may certainly help you elevate your case to a higher tribunal through an appeal.

Depending on the application, the filing of a petition is valid only if made during the specified period to appeal. Some cases have only 15 days to make a petition and others can be as long as 60 days.

Cases that are Generally Appealable to Immigration Appeal Division (IAD):

Family Class Sponsorship Appeal

When a Canadian Citizen or permanent resident filed an application to sponsor a foreign national as a member of the family class and the sponsored application for permanent residence is denied, the sponsor would be notified of the reasons for the refusal and of the right of appeal to the IAD. When the application has been refused, the sponsor may appeal to the IAD within 30 days upon the receipt of the refusal letter.

Appeals Involving Medical Inadmissibility

This is a case when one is denied entry or visa because of health issues.

Removal Order Appeal

A foreign national who is a permanent resident or a protected person and who received a removal order made at an examination or an admissibility hearing, may appeal the decision to the IAD. An individual may appeal not only on the basis of legal and factual questions, but also on the basis that there are humanitarian and compassionate grounds that warrant the grant of a special relief.  When the removal order has been received, the appellant may appeal to IAD within 30 days.

Loss of Residency Status Appeal

When a permanent resident who lives abroad has not fulfilled the residency requirement and lost the permanent residence status as a consequence, he or she has the right to appeal. The appellant has 60 days upon the receipt of the written decision to appeal to the IAD.

Refugee Appeal

An appeal can be made when a person who was given a refugee protection has been prohibited and ordered to be removed from Canada.

Minister’s Appeal

The Minister, pursuant to section 63(5) of the  Immigration and Refugee Protection Act (IRPA), may appeal the decision of the Immigration Division (ID) made at an inadmissibility hearing to the Immigration Appeal Division (IAD).

Applicants who appeal to the Immigration Appeal Division (IAD) are allowed to present new evidence to support their case and may testify personally before the Board Member. The IAD will decide whether the application refusal was lawfully made and may also consider Humanitarian and Compassionate grounds relevant to the case. Should the IAD find that the application refusal was incorrect, or that there are Humanitarian and Compassionate grounds to consider, it will reverse the original decision or send back the case for a new hearing relative to the findings. If the IAD dismissed the appeal, any further appeal of the IAD’s decision can be made to the Federal Court of Canada by asking the said court permission to seek judicial review of the decision of the IAD.

The skilled Vancouver Immigration Lawyers at Niren and Associates may be able to help you with your immigration problems. You may call the Immigration Law Firm in Vancouver at (604) 283-2126 or use the contact form on the right to stop the time from running against your case.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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