If you submit an application to gain residency in Canada, a Canadian Immigration Lawyer can help you with a Canada Immigration Appeal, which is your right. The appeal will be filed with the Federal Court of Canada or with the Immigration Appeal Division.
Federal Court of Canada Immigration Appeals
All denied immigration applications can be appealed in the Federal Court of Canada. For an example: a visa application is denied by an officer at the immigration office overseas, or a refugee’s claim is refused by the Immigration and Refugee Board. These two files are administrative decisions that would be subject to review.
When an appeal is filed, the court is basically trying to discover whether the denial was made within the proper context of the law. The Court will consider whether the decision made was within the jurisdiction of the one who made it, if it was made in fairness, and was reasonably made in light of the evidence presented. A Canada Immigration Lawyer can handle the case on their behalf, making it unnecessary for the applicant to appear at the court in person.
If a decision is found to have been made incorrectly, the case will usually be resubmitted for review by a different decision-maker. The Canada immigration appeal needs to be sent in to the court within 15 days of denials made in Canada, and 60 days if the denial occurred outside of Canada. It is important to highlight the need to act with a sense of urgency if you want to file an appeal.
Appeals Made Through Immigration Appeal Division
There are certain instances where an immigration denial will need to be filed with the IAD or Immigration Appeal Division of the Immigration and Refugee Board. This board is a Canadian Administrative Tribunal. Your Canada Immigration Lawyer can help you file your appeal within the 30 days period in which it is allowed. Again, it is important to act with urgency to maintain your right to appeal. The following cases can be appealed to the IAD:(http://www.irb-cisr.gc.ca/Eng/NewsNouv/info/Pages/FactIadSai.aspx)
Sponsor Appeals: A sponsor who is a Canadian citizen (or permanent resident) that has made an attempt at sponsoring a member of their family and the application has been rejected has the right to file an appeal within 30 days of receiving written denial.
Permanent Resident Appeals: If you are a person who is classified as a permanent resident or hold a permanent resident visa and you have been ordered to leave Canada or refused residence, you too may file an appeal within 30 days of receiving the written removal order.
Refugee Appeals: A refugee who was once granted protection that is currently being denied may also need a Canada Immigration Lawyer to help them file an appeal within the 30 days after a written letter of removal has been received.
Appeals for Residency: This applies to a permanent resident who is currently in another country and it has been determined that requirements for residency have not been fulfilled. This appeal must be filed within 60 days of receiving written notice.