How do I appeal an immigration denial?
Having your immigration application denied can be one of the most upsetting experiences in the immigration process. While it is upsetting and very stressful, you don’t need to panic. There are several appeal options that are available to you if you have had your immigration application denied. Before you do anything, speak to a licensed immigration lawyer as soon as you learn that your immigration application has been denied.
You can watch our video on immigration refusals in Canada here.
Appealing an immigration denial in Canada
If your application for immigration has been denied, there are three different options that are available to you:
You can make a request for restoration to the Case Processing Centre or CPC after you have been notified of the refusal.
You can appeal your immigration application refusal to the Immigration Adjudication Division or the IAD after you have been notified of the refusal.
You can appeal the decision to the Federal Court of Canada after you have been notified of the refusal.
Note that in some of these cases, it is only a matter of weeks during which you can appeal an immigration denial. In addition, which of the above options is right for you depends greatly on the circumstances such as the type of immigration application and the reason for its denial.
The most important thing that you need to be aware of when you are facing an immigration denial or an immigration refusal is that you only have a short amount of time before you can appeal the decision and get back on the right track. This is not an easy process, so make sure you speak to a licensed and reputable immigration lawyer immediately when you are notified of a denial.
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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