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How To Appeal an Immigration Decision

Was your immigration application refused? Appealing may be an option

From time to time – and for many different reasons – an immigration application is denied. But that doesn’t mean that your chance of immigration to Canada is gone forever. You have several options and can appeal an immigration decision. Appeal an Immigration DecisionImmigration officers use a set series of guidelines to determine whether your application meets the requirements to immigrate to Canada. Sometimes, the officers make mistakes or don’t take everything into consideration.

Depending on the case you can:

  • Appeal your Canadian immigration application refusal at the Federal Court of Canada.
  • Appeal the immigration decision to the Immigration Adjudication Division (IAD).
  • Make a request for restoration to the case processing centre.

How Can I Appeal An Immigration Decision?

How you appeal an immigration decision depends greatly on several different factors. It depends on what type of immigration application it is, as well as where it was filed – in Canada or at a Canadian Embassy outside of Canada, for example.

What to know when Appealing an Immigration Decision

The most important thing to know when you need to appeal an immigration decision, is that you only have so much time to appeal. Depending on the application, you may only have as little as 15 days to appeal. A licensed immigration lawyer can help you determine the best avenue for your appeal to give you the best chance for success! Remember, if you get a refusal, do NOT delay!

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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

6 thoughts on “How To Appeal an Immigration Decision

  1. james

    I was deported from Canada to the United States a year ago for an criminal offence for which I served 2years. My family still lives in Canada and I would like to return.What is the procedure in this case?

    thanks
    James

    Reply
  2. pamela johnson

    my son has applied for PR – filed mid July. His 2nd working holiday visa expired 18th August and he then applied for implied status – which was fine. And he applied for a bridging open work permit. his application for the work permit has been refused (14th September) as he did not have the approval for his pr through. (it was apparently due to a change in processing times for work permits due to something in the food services industry, which meant the processing time was much shorter.) then a few days later he received notification that his application was approved at the first stage. BUT he still cannot get a bridging open work permit and has 90 days to leave the country. can he appeal to the CIC to restore his status and allow him to get the bowp? otherwise he has to leave Canada, lose his home and jobs and return home until the pr application has been approved. Is there anything that he can do???

    Reply
  3. waqar

    MY SON IS PERMANENT RESIDENT. HE WAS STUDYING MEDICINE BACK HOME. HIS PR CARD WAS EXPIRED IN AUG 2009. HE APPLIED FOR RENEWAL IN CANADA BUT IMMIGRATION ASK HIM TO PROVIDE ADDITIONAL DOCUMENT AT THAT TIME. HE HAS NO TIME TO GATHER /PROVIDE DOCUMENT FOR FIVE YEAR PERIOD. HE NEVER STUDIED IN CANADA.HE WAS WORKING WITH ME AS FAMILY BUSINESS. I PROVIDE HIM T4 FOR THAT PERIOD THAT DID NOT HELP HIM.HE WITHDRAW HIS APPLICATION & FLOWN BACK HOME TO ATTEND HIS STUDY. NOW HE COMPLETE HIS STUDY INCLUDING HOUSE JOB AS A DOCTOR.HE APPLIED FOR TRAVEL DOCUMENT.HE ENCLOSED ALL DOCUMENTS INCLUDING THAT T4. THE VISA IS REFUSED WITH THE REASON THAT HE LOOSED HIS RESIDENCY BECAUSE INSUFFICIENT STAY IN PAST FIVE YEARS. & OFFICER GIVEN HIM RIGHT OF APPEAL.ALL OF MY OTHER CHILDREN ARE LIVING WITH US. MY QUESTION IS? CAN IMMIGRANT, STUDENT STUDY ABROAD & WHAT WILL BE THE NEXT SUITABLE STEP HE SHOULD TAKE

    I NEED TO KNOW HOW MUCH MONEY WILL BE NEED FOR HOLE PROCESS DURING APPEAL.

    THANKS

    Waqar

    Reply
    1. Michael Niren Post author

      Hello Wagar

      I am sorry about your son.

      We can help but we first have to perform an assessment for your son’s case. We can then tell you what is involved including the appeal process or re-application process.

      Best
      Michael Niren

      Reply

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