Has your Visa been refused or rejected? We can help you appeal
If your Canada Visa application for Spousal Sponsorship, Parental Sponsorship, or Permanent Residence has been refused, we can help. Before any course of action is undertaken, it is best to understand which authority will be dealing with after a refusal.
Which Authorities looks into my Visa Refusal?
If an application is refused by an Immigration or Visa Officer, the Immigration and Refugee Protection Act of Canada provides for certain legal recourse for specific classes. The said recourse is mainly categorized at 2 levels i.e. Immigration Appeal Division (IAD) and the Federal Court Judicial Reviews.
Below are the jurisdictions of these two authorities. They are Visa specific:
Immigration Appeal Division (IAD)
- Sponsorship Appeals: Spousal Sponsorship Refusals, Parents Sponsorship Refusals (Income Requirement, Medical Inadmissibility, etc.)
- Remover Order Appeals
- Residency Obligation Appeals
Judicial Review/Federal Court Judicial Review
- Economic Class Refusals – Skilled Worker, Business Class Applicants
- Temporary Visa Refusals
- Failed IAD Appeals
- Failed Refugee Claim Appeals
It is mentionable here that while there are plenty of legal recourses in place, it is important to understand your case and analyze whether there is sufficient merit to appeal. If your case is less likely to succeed in an Appeals/Judicial Review, other options are available. An experienced Immigration Consultant will help determine your best course of action.
As an example, in some cases, it is more time-effective, less costly, and successful to re-apply with a corrected fresh Immigration Application.
How to appeal for Canada visa refusal?
The most common reasons for a Canadian visa rejection include failure to provide proper documentation, failure to demonstrate required financial resources to support yourself and your dependent in Canada during your stay, failure to demonstrate your clear intention for residing in Canada, and failure to clear inadmissibility on security grounds, criminality, or human rights violations.
There are many other reasons why your application can be refused. Based on the type of application, you can appeal the refusal or reapply for the visa.
If you received a visitor visa rejection, you can make a request to access the visa officer’s notes regarding the reason for your refusal. You can decide on what action to take based on the fairness of the decision against your eligibility for the visa and the documentation provided to support your application.
If you think that a mistake has been made or supporting documentation was disregarded, you can request reconsideration. A request for reconsideration must be made within a 10-day period. If you cannot apply for reconsideration, then reapplication can be an alternative to overcome the reasons for the previous refusal. You’ll have to provide additional documentation and information to clarify the issues.
If your application is refused again, then you can appeal for a judicial review to the Federal Court of Canada.
What Are Your Options If You Received a Visitor Visa Rejection?
For a temporary visitor visa, the Immigration, Refugees, and Citizenship Canada (IRCC) do not provide a reason for rejection in the refusal letter. However, you can make a request to access the visa officer’s notes regarding the reason for your refusal.
You can decide on what action to take based on the fairness of the decision against your eligibility for the visa and the documentation provided to support your application.
If you think that a mistake has been made or supporting documentation was disregarded, you can Request Reconsideration. A request for reconsideration must be made within a 10-day period.
If you can not apply for reconsideration, then reapplication can be an alternative to overcome the reasons for the previous refusal. You’ll have to provide additional documentation and information to clarify the issues.
If your application is refused again, then you can appeal for a judicial review to the Federal Court of Canada.
What Are Your Options If You Received a Study or Work Permit Refusal?
If your temporary study permit was rejected by the government body of Immigration, Refugees, and Citizenship Canada (IRCC), you can redress the refusal in the following manner:
- Appeal the decision: If you think your study permit application was refused due to an error or unfair processing, you can request for restoration to the Case Processing Centre (CPC).
- Submit a new application: If the reason for refusal is valid, you will be required to apply again. This provides you an opportunity to resolve all the missing information in the first application.
If your temporary work permit is rejected, it is important to know if it was refused because of failure in the application or returned because the program quota is full.
If the quota for the program you applied for has been exceeded, then reapplication is not an option.
However, if your application was refused because of a lack of proper documentation or missing information, then you can reapply with a complete application.
What Are Your Options If You Received a Rejection for Your Immigration Visa for Permanent Residency?
If your application for permanent residency has been rejected, then you can appeal to the Immigration Appeal Division (IAD) or the Federal Court of Canada within a certain time period.
You can appeal to the Immigration Appeal Division (IAD) if your family sponsorship application was rejected, you were issued a removal order, or you were unable to meet your permanent residency obligations and your permanent residence was revoked.
However, appealing for a judicial review should be used as a last resort. An immigration litigation lawyer can guide you through the process.
The Federal Court of Canada can not provide you with permanent residency.
If the Federal Court approves your case, then it will be returned to the immigration authorities for reconsideration.
You will be required to adhere to the strict guidelines for appeals and reviews.
What Next Nest Immigration Consultancy can do for you.
Has your Canadian visa application been refused or has your application for permanent residence been rejected? Distressed over your situation?
There can be hope for almost every negative situation on an immigration-related decision. Your current outcome is not definitive, it can be challenged.
Our team of legal experts can help:
- Assess the merits and demerits of your case
- Help identify key factors that led to the visa refusal or rejection
- Provide consultation on your best course of action
- Represent you before immigration authorities.
To know more about whether you should appeal to an Immigration Decision or re-apply and your chances of success in either of these, please contact us for a free No-Obligation confidential consultation.