How a Canadian Immigration Lawyer Can Help with Your Immigration Appeal

You have set your heart on living in Canada but your immigration request has been turned down so now your need to appeal. This is where you really need a Canadian immigration lawyer to assist with your appeal.



It is important that the appeal is made within 15 days of when the refusal was made in Canada or within 60 days if the refusal was made outside of Canada so a prompt decision on your part is required.



Appeals are heard by way of a Judicial Review in the Federal Court of Canada. The Court will review the decision to ensure that it was lawfully made. The Court will consider as to whether the decision was correct, fairly made and reasonable in light of the evidence that was presented.



This can be a complex and harrowing process and thankfully the application need not appear before the Court in person. This means that the hearing can be managed entirely by your Canadian immigration lawyer.



If the Court decides that the decision was not correctly made, the case will be sent back to a different decision maker. Your request will once again be reviewed and another decision made.



Some cases can be referred to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board which is a Canadian administrative tribunal. This appeal should be made within 30 days of a negative decision so once again prompt action is required. The types of cases which can be appealed to the IAD include:

• Appeals by Permanent Residents: If a permanent resident’s visa has been found inadmissible and ordered to be removed from Canada, then they can appeal within 30 days of receipt of the refusal letter.

• Appeals by Sponsors: If a Canadian citizen has attempted to sponsor a family member and the application was rejected, then an appeal can be made with the assistance of your Canadian immigration lawyer.

• Appeals by Refugees: In a situation where a person has been granted refugee protection and then found inadmissible and ordered to be removed from Canada an appeal should be made within 30 days.

• Residency Appeals: If a permanent resident, living outside of Canada is determined not to have fulfilled the residency requirement, then they must appeal within 60 days.





People who wish to appeal to the IAD will be permitted to present new evidence to support their case and may personally testify before a Board Member. The IAD will consider whether the negative decision was correctly and legally made. They may also consider any compelling humanitarian and compassionate factors that may exist. It may overturn the original decision and send the case back to be re-decided in accordance with its findings. If the IAD dismisses your appeal a further appeal can be made to the Federal Court.



This is obviously a complex and stressful process that is best handled with the assistance of a Canadian immigration lawyer. If you live in Toronto then find a local Toronto immigration lawyer. Your appeal will be quicker and less stressful with their assistance.





About The Author:

The author is a Canadian Immigration Lawyer: www.matthewjeffery.com that can help you with your Canadian immigration appeal. The author is a Canadian Barrister & Solicitor and a member of the Law Society of Upper Canada.