Who can appeal for Refusals in Canadian immigration applications?
Individuals whose immigration application was unjustly refused by Canadian immigration can recourse.
A person can feel devastated after knowing about the refusal of their temporary or permanent residency application to Canada. But fortunately, you may have a way out.
A person can challenge the Canadian immigration officer’s decision to refuse an application if the refusal decision was wrong in fact or law or it was troublesome about the facts at present and the standard of the file presented to the immigration officers.
Applicants can present all decisions taken by Immigration, Refugees and Citizenship Canada (IRCC) that affect an application in the Federal Court. The Federal Court then decides if the case deserves a hearing or if it raises an important question of law.
For example, the cases of work visa and study permit applications are refused despite having significant evidence that can favour these applications' approval.
Similar to work and study permit, the permanent residence refusal in the case of refused sponsorships can also be contested before the Immigration Appeal Division. Also, the permanent residence refusal and a refused skilled worker application can be contested before the Federal Court.
You may also hire a Canadian immigration Lawyer if you are warranted in your particular circumstances to help you with a reconsideration letter.
In case the refusal of your visa application is based on an error in fact or error in law, an immigration lawyer can point out the errors and request a reconsideration of the refusal to the program manager of the Canadian Visa Office in question.
Also, if the refusal is based on some error and not in accordance with the principles of procedural fairness, the lawyer can write to the related Canadian Visa office.
If your case is worth pursuing, the immigration lawyer can help you seek the appropriate legal proceedings in case you don’t receive a response or a negative response.
For applicants whose applications are rejected by IRCC at the federal level, their recourses are generally presented before the Immigration Appeal Division or the Federal Court.
In Quebec, the refused permanent immigration applications are generally presented before the Tribunal administratif du Québec or the Superior Court of Quebec.
