Immigration/Visa Refusals
If you are applying to become a temporary or permanent resident in Canada, learning that your application has been refused can be disheartening.
Fortunately, you may have recourse. An immigration officer’s decision to refuse an application may be challenged if the decision was wrong in fact or in law, or unreasonable with regards to the facts at hand and the quality of the file presented to the officers. Depending on the facts of the case, it can also be a rightful decision, but one that can be overturned in light of humanitarian considerations.
All decisions taken by Immigration, Refugees and Citizenship Canada that affect an application can be presented to the Federal Court, which will first decide if the case merits a hearing (prima facie unreasonable) or if it raises an important question of Law. An example of this could be a work or study permit application that is refused despite substantial evidence that could favour its approval.
A lawyer from our offices can help you assess whether the refusal meets the threshold for judicial review, or whether it may be advisable to reapply with additional information.
The refusal of an application for permanent residence can also be contested before the Immigration Appeal Division, in the case of refused sponsorships, for example. The refusal of an application for permanent residence can also be contested before the Federal Court, as would be the case for a refused skilled worker application.
If warranted in your particular situation, we can do the following:
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Reconsideration letters. If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, we will write to the program manager of the Canadian Visa Office in question to point out the errors and to request a reconsideration of the refusal.
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If no response is received or a negative response is received, we can seek the appropriate legal proceedings if the case appears to be worth pursuing:
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For applications rejected by Immigration, Refugees and Citizenship Canada at the federal level, recourses are usually presented before the Immigration Appeal Division or the Federal Court.
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For applications rejected by the Ministère de l’immigration, de la Diversité et de l’Inclusion (Quebec only, for permanent immigration applications), recourses are usually presented before the Tribunal administratif du Québec or the Superior Court of Quebec.
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Immigration Appeals
The Immigration Appeal Division hears cases on the following issues:
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Sponsorship Appeals (Outland Spousal Appeal, Parental Sponsorship Appeal)
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Residency Appeals (Permanent Residents who do no meet the Residency Obligation and were found Inadmissible to Canada)
In order for the Immigration Appeal Division (IAD) to review your decision, you must obtain leave after they have reviewed your documents. During this stage of the process, you must demonstrate to the IAD that an error was made or that the decision was in some way unfair or unreasonable. Once leave has been established, you and your immigration lawyer can attend a hearing before the IAD to further explain your reasons for appealing.
Sponsorship Appeals
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After receiving notice that your Sponsorship application was refused, you have 30 days to file an appeal. After this time, nothing can be done and the previous decision is upheld.
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The Appeal will be approved or dismissed:
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If the appeal is approved, your case will continue at CIC for processing. If you are subject to a secondary refusal at the IAD, you may begin the appeal process again in Federal Court.
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Residency Obligation Appeals
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60 days to appeal
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IAD member will hold a hearing
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Appeal may be:
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Allowed, permanent resident status restored;
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Dismissed, status will be revoked and, should the appellant be in Canada, a removal order will be issued.
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Deportation from Canada and Our Help
Removal Orders arise in the following circumstances:
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The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing, and issues an Order
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A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination
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An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after the refusal of the refugee claim
If you have received a Removal Order, it is important to understand the type of Removal Order you have received, its consequences for your stay in Canada, and whether you can challenge the decision. In all cases, time is of the essence.
Types of Removal Orders and their Consequences:
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Departure Order – a departure order requires that you leave Canada within 30 days, confirming your departure with the CBSA on exit from the country. If you do not leave Canada within the 30 days, in nearly all cases the departure order will become a deportation order.
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Exclusion Order – an exclusion order requires that you leave Canada, confirming your departure with the CBSA on exit from the country. Depending upon the reasons for which the exclusion order was issued, you will be barred from making an application to return to Canada for one to five years.
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Deportation Order – a deportation order requires that you leave Canada, confirming your departure with the CBSA, failing which the CBSA will arrange for your removal from Canada. If you leave Canada under a deportation order, you will require an Authorization to Re-Enter (ARC) should you ever want to return to Canada.
Removal Orders, in all cases, require that you leave Canada. If you fear return to your country of nationality or habitual residence, you may make an application for Pre-Removal Risk Assessment (PRRA) to have your risks assessed prior to removal.
Challenging Removal Orders
Permanent Residents may have a right to appeal the Removal Order to the Immigration Appeal Division.
Whether you have a right of appeal as a permanent resident will depend upon why the Removal Order was issued. If it has been determined that you are inadmissible for organised criminality, crimes against humanity, espionage, or other more serious forms of security concerns, there will be no right of appeal. Also, if you are found to be inadmissible for serious criminality and received in Canada a sentence of detention of six months or more, you will not have a right of appeal. In these circumstances, you may still challenge the decision to the Federal Court of Canada.
Foreign Nationals may not appeal their Removal Orders to the Immigration Appeal Division (IAD). However, the decision to issue a Removal Order may still be challenged to the Federal Court of Canada.
Need Help?
As you can see Immigration Program can be very challenging and specific as shown above, so if you need more information about the programs mentioned above or for assistance in preparing your application, we'll be glad to help you to choose the best Program.