While you do not need to hire a lawyer to win your case, it is highly advised that you seek legal advice when appealing an immigration or refugee decision.
Many kinds of appeals involve complex issues of law and procedure that only an experienced immigration lawyer will have full knowledge of. If you act alone without counsel, it is possible that you will be seriously prejudiced. Appeals before the immigration authorities are adversarial processes., and the immigration authorities will have their own very experienced lawyer to argue against you and your case. It may be difficult to argue against their lawyer if you do not have your own experienced lawyer representing your interests.
If you have received a negative decision from the immigration authorities, your best course of action is to contact an immigration and refugee lawyer immediately, as many appeals have very strict timelines.
Additionally, expert lawyers can help you determine to which forum you must appeal. For example, some refugee applicants are barred from pursuing an appeal before the Refugee Appeal Division and must seek a judicial review before the federal court instead. Learn more about the refugee appeal process.
To win your appeal, you will need to show that the decision made was wrong in law or in fact, or in both. Having a lawyer to help you understand the process and your rights will help ensure your appeal runs as smoothy as possible and may enhance your chances of being successful.
How A Lawyer Can Help You?
- Get individualized advice on your appeal options, including the possibility of Alternative Dispute Resolution
- Keep track of strict deadlines for you
- Ensure the correct forms are completed and right documentation is provided
- Advise you on whether any evidence should be presented or witnesses be called
- Help you understand your legal rights
- Prepare you for and represent you at your oral hearing
An experienced Canadian immigration and refugee lawyer can help you prepare an effective and vigorous appeal and present it before the authorities. It is important to work with expert lawyers who have years of experience in immigration appeal cases.