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How to Appeal Canada Immigration Refusal Cases

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Appealing for Canada Immigration Refusal Cases is fairly easy once you are acquainted with the process. Different immigration decisions can be appealed from outside or inside of Canada depending on the type of application. 

Below we have mentioned the types of decisions that can be appealed to the Federal court of Canada. These decisions are also referred to as “judicial review”.

  • Work permit  refusals
  • Student visa refusals
  • Visitor visa refusal
  • Humanitarian and compassionate refusals
  • Inadmissibility decisions, which includes criminal and medical inadmissibility

Commonly, a refusal for a student visa or a visitor visa is received by an applicant via a decision letter that is general. After that, the applicant can request the reasons for their refusal in a written form from the Visa officer either through filing a Federal court application or by filing an Access to Information Online request. Before you file for a new application, it is important to request and receive the written reasons from the department so that you can address any issues or concerns from the officer in the new application.

What is the Spousal Sponsorship Appeal Process When Denied

You can appeal for the refusal of a residency obligation or overseas sponsorship to the Immigration Appeal Division (“IAD”) and on judicial review to the Federal court of Canada, in-Canada sponsorships can be challenged. You can also receive an advantage by filing an appeal to the IAD with the help of Toronto Immigration Lawyer Ronen Kurzfeld. By doing so, you can file new documents to support the guidelines of a spousal relationship.

Immigration Appeal Process Time: How long does a Decision Take in Canada

All sorts of appeals, such as sponsorship appeals, residency appeals, or removal order appeals start with filing a Notice of Appeal with the division of Immigration Appeal. As you have filed the Notice, a copy of the underlying application and decision is prepared by the minister to send to the parties. It is mandatory for the Minister to send the record within 120 days under the IAD Rules. The copy is received by the appellant, IAD, and the representative if the mail lists so. 

The record will get reviewed by the IAD, who will then decide if the case is appropriate to be sent through the Alternative Dispute Resolution (“ADR”) process for early settlement. As a counsel, you can also request to get the appeal filtered into ADR by stating various reasons. In case, your case is not filtered via ADR, then the appellant will have to wait for the hearing date by the IAD. The time period for the wait can vary depending on the volume of cases and members available to hear appeals, but you can expect upwards of 12 months.

Read About: Most Common Difficulties of Immigration

Subsequent to the appeal hearing, you may receive an oral decision on your rejection or granting the appeal. In case the decision is delayed, then you can expect to receive a written decision within six weeks. 

Refugee Appeal Process in Canada

Individuals with a rejected refugee claim, are allowed to appeal to the Refugee Appeal Division or RAD of the Immigration and Refugee Board. You can also attach new evidence supporting your appeal in the claim. In case, the first decision from the RAD is found to have some error, then the division can grant refugee protection on appeal or can also order a new refugee hearing. However, if your appeal gets denied by RAD then you can take your case for a judicial review to the Federal Court of Canada.

As you wait for the decision from the Federal Court of RAD, you can apply or extend the work permit in order to have coverage under the Interim Federal Health Program.

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