How to Appeal a Refused Immigration Application in Canada
An application for immigration to Canada gets refused sometimes. There are myriad reasons due to which visa applications, work permits, and study permits could get rejected. Well, this isn't going to mark the end of your sojourn in the land of Canadian immigration. An immigration application refused may be appealed; however, understanding the process can provide opportunities that increase success rates. The paper hereby delineates certain main steps regarding appeal over a refused immigration application to Immigration Canada.
Knowing the Reasons for Refusal
The first thing you need to do when appealing a refused immigration application is to understand why it was refused in the first place. The immigration officers may further give you a letter explaining the specific grounds of refusal. It could be because of a lack of documents, some mistake in the application, failing to meet the eligibility criteria, and so on. Your knowledge of the ground for refusal will help you evaluate if the ground for refusal is an error or on sufficient grounds to refuse. You have to dig this out in your appeal problem, provided you want the success chances to be high.
Eligibility Criteria for an Appeal
Now that you have come to know for what an application may be denied, let that be kept in mind for what the requirements are meant to appeal against the verdict given on application. Which application can be taken as appeal, if not allowed immigrating to Canada will rest on the type of application that it is coupled with its nature of rejection. In the case of most applications, a decision can be appealed to the IRB. However, the time at which an appeal can be filed, along with the nature of forms required for the said appeal, would vary. Some refusals cannot be appealed; you could reapply in such cases or seek legal advice.
Seek Advice from a Lawyer or Immigration Consultant
In some instances, the appeals will necessarily involve seeking professional advice in law. The law on immigration is rather complicated, and only a Toronto immigration lawyer or immigration consultant who deals exclusively in Canadian immigration will be properly positioned to advise you about your case. They will be able to help you in evaluating your case for its merits, preparing and submitting appropriate documentation, and representing you through the appeal process. While this is not always necessary, professional legal help will go a long way in improving your chances of success, particularly where the denial involves complex legal issues or if you are not sure how to address concerns raised by immigration officials.
Get New or Additional Supporting Documents
Probably the most critical ingredient of any successful immigration appeal is the presentation of new or further evidence to address the reasons for refusal given about your previous application. For instance, if your application has been refused because certain important documents have not been appended, one should attach all such important documents at the time of filing the appeal. You will also be in a position to add new information that might make your case stronger, such as updated employment records, educational certificates, or supporting letters. The more comprehensive and forceful your supporting evidence is, the more persuasive your appeal is likely to be.
Appeal within Time
The first thing one ought to have done while appealing a refused immigration application is filing his or her appeal within the time limits provided in the refusal letter. You are usually given 30 days from the date of your refusal to file your appeal. If you do not appeal within this period of time, your appeal may be dismissed even when there is merit in your case. This ensures one stays organized and that all required documentation is forwarded in a timely manner to avoid any delays or complications not necessary.
Prepare for a Hearing or Review
There are cases when an appeal may necessitate appearing before an immigration officer or a panel of judges. This happens when the appeal is under the docket of the Immigration and Refugee Board of Canada. You may be able to argue your case and bring additional evidence or explanations in support at the hearing. It is very important that you go into the hearing well-prepared, since this is a point at which you have the ability to argue why the prior decision should be changed. If you have an attorney or an immigration consultant, they will be able to advise you on how to prepare for the hearing and so that you put your case forward in the best possible manner.
Wait for the Decision
After your appeal has been submitted and any hearings necessary to make the appeal are held, you must wait for the decision. This depends on the complexity of the case or how busy the immigration authorities are. While this might be a source of stress, one has to be patient and just wait for any news concerning their case. You get an approval for your application in case it gets approved, while in the case of denial of appeal, you are left with other options like reapplication or immigration through some other programs.
An appeal against a refused immigration application in Canada is never easy; however, it definitely is possible to overcome the refusal provided the approach is right. Knowing the reasons for refusal, gathering supportive documents, and filing your appeal within the appropriate time frame are some of the key steps to enhancing your chances of success. Consultation with a lawyer or immigration expert, if necessary, will be very useful in terms of support and keeping on the right track throughout the appeal process.
