Canadian
Immigration
Appeals
Any type of refusal
by the immigration authorities may be
appealed in court in Canada. These
appeals will be made either to the
Federal Court of Canada, or in certain
types of cases, to the Immigration
Appeal Division.
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If your
immigration case has been rejected
and you wish to know whether you have
good chances of success on appeal,
please fax the decision to our office
416-944-1675, or scan it and e-mail
it to
info@matthewjeffery.com
Attach a letter or
e-mail briefly explaining why you think
the decision is incorrect, and give
us your return e-mail address. We will
review the decision and get back to you
within one day
as to your appeal options and chances.
There is no fee for this service. We
will keep all information provided
strictly confidential. |
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Appeals to the
Federal Court of Canada |
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Any
immigration decision may be
challenged by way of Judicial
Review in the Federal Court of
Canada. As examples, a decision
made by an immigration officer
overseas to refuse a visa
application, or a decision of
the Immigration and Refugee
Board to refuse a refugee claim,
are both reviewable
administrative decisions. This
means the Court can review the
decision to decide whether it
was lawfully made. Issues the
Court will consider include
whether the decision-maker acted
within jurisdiction, whether the
decision was fairly made, and
whether the decision was
reasonable in light of the
evidence. It is not necessary
for the applicant to appear
before the Court in person, the
case can be managed entirely by
an immigration lawyer including
any appearances at the Court.
If the Court
decides the decision was not
properly made, the case will be
sent back to be re-decided by a
different decision-maker. This
type of appeal to the Court must
be made within 15 days of a
refusal made in Canada, or 60
days of a refusal made outside
Canada, so it is important to
act promptly to preserve your
appeal rights.
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Appeals to the
Immigration Appeal Division |
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In certain
types of immigration cases a
negative decision can be
appealed to the Immigration
Appeal Division (IAD) of the
Immigration and Refugee Board,
which is a Canadian
administrative tribunal. Usually
an appeal must be made within 30
days of the negative decision so
in these situations it is
important to act quickly in
order to preserve your appeal
rights. The types of cases which
can be appealed to the IAD
include:
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Appeals by
Sponsors: In
situations where a
Canadian citizen or
permanent resident
has attempted to
sponsor a family
member and the
application was
rejected by the
Immigration
authorities, an
appeal may be made
within 30 days of
receipt of the
refusal letter.
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Appeals by Permanent
Residents: In
situations where a
permanent resident
or a person holding
a permanent resident
visa has been found
to be inadmissible
and is ordered
removed from Canada,
an appeal may be
made within 30 days
of receipt of the
refusal letter. |
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Appeals by Refugees:
In situations where
a person who has
been granted refugee
protection has been
found to be
inadmissible and is
ordered removed from
Canada, an appeal
may be made within
30 days. |
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Residency Appeals:
In a situation where
a permanent resident
who is outside
Canada is determined
not to have
fulfilled the
residency
requirement, an
appeal can be made
within 60 days of
the decision. |
Persons who appeal to the
Immigration Appeal Division will
be permitted to present new
evidence in support of their
case and may personally testify
before a Board Member. The IAD
will consider whether the
negative decision was legally
made, and may also consider
Humanitarian and Compassionate
factors related to the case. If
the IAD decides the decision was
wrongly made, or there exist
compelling Humanitarian and
Compassionate factors, it will
overturn the original decision
and send the case back to be
re-decided in accordance with
its findings. If the IAD
dismisses the appeal, a further
appeal of the IAD’s decision may
be made to the Federal Court.
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If your
immigration or sponsorship
case has been rejected
and you wish to appeal your
application, please
Contact
Us for further information.
If you wish to
e-mail or fax our office a copy
of the refusal letter in your
case, we will review it and get
back to you within one day as to your chances
of success. |
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Disclaimer: the information on this website
is intended to be of a general nature and does not constitute legal advice.
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