Immigration Refusal, Immigration Appeal

Immigration Appeal and Refusal of Immigration Application

Immigration appeal by an experienced immigration appeal lawyer is a must and dealing with immigration refusal is a central aspect of our practice. Immigration appeals are made to the Federal Court, or depending on the circumstances, to the Immigration Appeal Division of the Immigration and Refugee Board (IRB).

Some of the most common reasons for appealing an immigration refusal include: misrepresentation; criminal inadmissibility due to criminality; financial inadmissibility; medical inadmissibility (health grounds); serious criminality; organized criminality, non-compliance with the Canadian immigration laws; and having an inadmissible family member. The foregoing reasons for refusal of immigration application are not exhaustive.

Allegations of fake / non-genuine marriage, or failure to declare family members are also amongst commonly encountered reasons for refusing an immigration application. Regardless of the reasons for refusal and depending on the circumstances, all immigration appeals must be made within strict time deadlines: for example, immigration appeals to the Federal Court of Canada or to the Immigration Appeal Division (IAD) must be made within 15 to 60 days (depending on location and type of appeal).

Another example of an immigration appeal is refusal of refugee claims: if a refugee claimant’s refugee claim has been rejected by the Refugee Division, the person (pending the coming into force of refugee appeal division) has the right to appeal rejection of refugee claim to the Federal Court. For further information in this regard and on immigration appeals in general, you can visit the Appeals to Federal Court section of our site.

Appeal of Spousal Sponsorship refusal, however, has to be made to the IAD. Similarly, when you sponsor parents, or sponsor children, the appeal from the refusal is made to IAD. An appeal from removal order against a permanent resident at an admissibility hearing, and an appeal by a permanent resident who has lost his/her PR status, would similarly go to the IAD.

There are, however, other situations in which the immigration appeal goes to the Federal Court. These include: refusal of work permit, rejection of study permit, refused skilled worker application or Canadian Experience Class application, refused investor or entrepreneur applications, rejected Pre Removal Risk Assessment applications, and / or Humanitarian and Compassionate (H&C) applications. The foregoing are among examples of other types of rejections the appeal from which go directly to the Federal Court.

For further information in this regard please visit the Appeals to federal Court or the Appeals to the Immigration Appeal Division sections of our website.

Whatever the case may be, it is very important to remember that an immigration appeal is always subject to strict time limitations and it is therefore imperative that the you contact an experienced immigration lawyer at the first available opportunity after receiving the refusal letter so that your immigration appeal is made on timely basis.

To obtain further information and to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473 or (416) 454-0068.