Facing the denial of an immigration application can be disheartening. Whether you’re applying for permanent residence, a work permit, a study or as student permit or visitor visa a denial doesn’t have to be the end of the road. There are specific steps you can take to challenge the decision and potentially turn things around. Here’s a guide on how to navigate the next steps and appeals process in Canada.
Understanding Your Options
The path you take after a denial depends largely on the type of application you filed. Here’s a breakdown of your options based on the application type:
1. Appeals for Sponsorship, Admissibility, or Permanent Residence
If your application for permanent residence based on a family class sponsorship has been denied, you may have the right to appeal. This appeal process is managed by the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). The IAD functions as an administrative tribunal and is less formal than a court proceeding.
What to Expect:
- New Hearing: The appeal involves a new hearing where you can present additional evidence, call witnesses, and provide testimony.
- Grounds for Appeal: The IAD can overturn a decision if there was a legal or factual error, or if there was a breach of natural justice principles.
- Legal Representation: While hiring a lawyer isn’t mandatory, it is highly recommended. An experienced immigration lawyer can significantly increase your chances of success, as they understand the intricacies of the appeal process and have familiarity with the IAD’s procedures.
2. Judicial Review for Work Permits
If your judicial review for permanent residence or work permit, study permit or visitor visa has been denied with the Federal Court of Canada. For these applications, if a refusal is received…
What to Expect:
- Scope of Review: The court will assess whether the original decision was unreasonable based on the information provided in the initial application. If the court finds the decision unreasonable, it can grant leave for the case to be reconsidered by a different immigration officer.
- Legal Representation: Only a lawyer can file for judicial review and represent you in court. This means that if you previously used an immigration consultant, you would need to engage a lawyer to handle this process.
- Consider Reapplying: Given the high standard for proving unreasonableness, it may be more practical to address any shortcomings in your application and reapply with a stronger, more comprehensive submission.
Preparing for the Next Steps
Navigating the appeals or judicial review processes can be complex and time-consuming. Here are a few tips to help you prepare:
- Gather Evidence: For appeals, ensure you compile all relevant evidence and documentation that supports your case. This might include new information or clarification on previously submitted documents.
- Consult an Expert: Whether you’re appealing to the IAD or filing for judicial review, working with an immigration lawyer can provide guidance tailored to your specific situation and help you avoid common pitfalls.
- Review Your Application: In cases where a reapplication is possible, thoroughly review and address the reasons for the initial denial. A detailed, well-prepared application can improve your chances of approval.
Another Option: Reconsideration
In certain circumstances it may be best to seek reconsideration. This must be done carefully to maximize your chance of success.
A denied immigration application can feel like a setback, but it’s important to remember that there are avenues for challenging the decision. Whether through an appeal with the IAD or a judicial review with the Federal Court, understanding your options and preparing thoroughly can help you turn the situation around. Seeking expert legal advice and addressing any issues with your application can make a significant difference in achieving a positive outcome. Contact us to book a consultation today to learn more about how we can assist you on your immigration journey.
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