There is nothing more fulfilling than immigrating to the beautiful country of Canada. You can gain a lot of benefits in the country, such as job opportunities to excellent healthcare and a robust economy. Yet, the application process for immigration isn’t a walk in the park, as you’ll have to submit various application forms, comply with tons of paperwork, and pass the interview, among others.
But nothing can be more frustrating than getting rejected for the first time. Fret not, as you have the right to appeal for an immigration denial decision. In this article, we’ll share with you how to appeal an immigration refusal to Canada.
What types of application can be appealed
Keep in mind that immigration applications in Canada vary from one type to another. The good news is that when your application is rejected, it can even be appealed from outside or inside Canada. Below are several types of application decisions that can be appealed to Canada’s Federal Court:
- Tourist visa refusals
- Student visa refusals
- Work permit refusals
- Inadmissibility decisions (such as criminal and medical inadmissibility)
- Humanitarian and compassionate refusals
In most cases, you will receive an immigration refusal or denial decision from the proper authority. The decision letter is usually written in a general form, but you may request the reasons for the denial in writing. That said, it’s crucial to ask for the written reasons so that you will know how to proceed with your appeal and what to comply with.
What an immigration application appeal process involves
When it comes to filing an appeal for the refusal of an overseas sponsorship or residency obligation decision, you must do so via the Immigration Appeal Division (IAD). For in-Canada sponsorships, you must file your appeal through the Federal Court of Canada. What’s good about filing an appeal to the IAD is that you can provide new documents or supporting paperwork to comply with the requirements and likely get approval this time.
How the appeal process works
To understand the appeal process for the immigration refusal to Canada, you must take note of the following details:
- You must first file a Notice of Appeal with the Immigration Appeal Division (whether sponsorship, residency or removal order appeal)
- The Minister will prepare the underlying application and decision and send copies to the appellant, the IAD, and the representative within 120 days.
- The IAD will review the record and see if the case is appropriate for early settlement through the Alternative Dispute Resolution (ADR) process.
- If the ADR is not available, the appellant must wait for a hearing date for up to 12 months, depending on the cases’ volume and the appeal members’ availability.
- After the appeal hearing, a member may give an oral decision granting or rejecting the appeal. If not, a written decision is usually sent within six weeks.
At this point, you now know that immigrating to Canada isn’t a walk in the park, so it’s a wise move to work with an immigration agency. When your application is rejected for some reason, remember that the process doesn’t stop there. The good news is that you’re given the right to appeal for an immigration denial decision.
To that end, be sure to consider all the valuable information discussed above so that you’ll be properly guided. Ultimately, it’s best to work with an immigration consultant who can ensure you have a greater chance of immigrating to the beautiful country of Canada.
If you’re looking for professional help from a trusted firm, please contact us at firstname.lastname@example.org or call 1-888-404-8472.