Overview
Has your Canadian Immigration Application or Refugee Application been rejected?
We offer an expert appeal and review services if your application for a visa, residency application or refugee status has been refused.
There may be several reasons why your Canadian Visa or Application for Residency has been refused by IRCC and in certain circumstances these rejections can be successfully appealed or reviewed.
Getting the correct legal advice, from an early stage, can determine success.
Immigration appeals or reviews require expert guidance from Canadian qualified immigration lawyers who understand the legal procedures and mechanisms. It is important to note that only a Canadian Qualified lawyer who is registered with a provincial law society can appear before Canadian Courts and only a lawyer or an accredited IRCC consultant can appear before a dedicated appeals tribunals and undertake Canadian immigration appeals work.
Laurentia’s services are unique as we offer an in-country appeal and review services, which starts with a free initial consultation and case review with a qualified Canadian lawyer.
Is an Appeal or Review necessary?
At the first stage it is important to understand the reasons for the rejection. In certain cases your submitted application may be poorly prepared or deficient in crucial information. In these certain circumstances clarifications and written submissions may address the deficiency. In other circumstances an appeal or a review will be the only option. Choosing the right process is essential for the success of your Immigration application and our Canadian qualified lawyer will assist you in making the right decision.
The Process
If even after you have exhausted all your options available to you to cure the deficiency and your application continues to be rejected, then the only remedy available would be either an appeal or a review.
We at Laurentia have the ability to assist you at the following 2 forums:
- an appeal before the Immigration Appeal Division (“IAD”); and
- a Judicial Review Application (“JR”) before the Federal Court of Canada.
There are often deadlines and time limits for appeals so contact us right away if your Canadian immigration case has been refused and would like to know the prospects of successfully appealing or reviewing the decision.
In order to better understand your options please contact us for a free consultation.
If your application has been rejected by a visa officer overseas or an immigration officer/PRRA officer in Canada, the first issue to address is whether an appeal lies to the IAD or whether a JR to the Federal Court will suffice.
Appeal before the IAD
The following Immigration categories will have a right of appeal to the IAD:
- An Applicant sponsor who has sponsored his/her family members for immigration.
- Applicants who have applied outside of Canada for Permanent residency and have not met the residency obligation under section 28 of IRPA;
- appeals from removal orders made against permanent residents or protected persons.
If you an applicant is not successful in his/her appeal to the IAD, he/she will file a JR before the Federal Court.
JR before the Federal Court
The following Immigration categories who apply from outside Canada and are denied will have to seek leave through a JR to the Federal Court:
- Overseas skilled worker or business immigration;
- temporary resident visas for a worker or student;
- Convention refugee abroad applicant
Further, if the application for permanent residence was made in Canada and has been refused, even if that application is sponsored by a spouse, the only option is an application to the Federal Court.
What is a JR application?
In most cases, an appeal of an immigration decision to the Federal Court is called an “application for leave and judicial review”. You are called the “applicant”. This is decided in two stages. At the first stage – “leave” – the Court considers your appeal based on written arguments and evidence. You must file a notice to the Court that you are appealing the decision, usually within 60 days for an overseas decision, although this can vary and may be extended in individual cases. In some cases, the Department of Justice will settle the case at the early stage. If not, the Court will proceed to read the arguments from both sides, and grant or deny “leave”, usually in about 4 to 6 months after you first filed your notice. If “leave” is denied, there is no further appeal.
You can attach your refusal letter along with a short email explaining as to why the refusal was wrong. Our expert Canadian immigration attorney will consider the refusal, your grounds and advise on the prospects of appeal and any other options. All documents provided are maintained securely and confidentiality.
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