TORONTO – More and more people are applying for Canada’s immigration and citizenship based on the quality of life that it offers besides other attractions; however, not everyone is lucky enough to move to the country and there are numerous cases of refusal every month.
If you are also amongst the ones whose immigration or citizenship application has been refused by Canadian officials, you can still appeal the decision and maybe get a verdict in your favour.
If you are applying for Canada’s immigration, you should know that immigration officer’s decision to refuse an application may be challenged if the decision was wrong in fact or in law, or it was unreasonable in the context of available facts and the quality of the file presented to the officers.
The federal court in this regard can be of help as all decisions taken by Immigration, Refugees and Citizenship Canada (IRCC) that affect an application can be presented before the Federal Court. The federal court will first decide if the case merits a hearing or if an important question of law has been raised. For instance, if work or study permit application has been refused despite supporting evidence, it could be challenged.
Applicants who have been refused Canadian citizenship as well as those who have been denied citizenship certificates (proof applicants) can have judicial review of the decision and an application in this regard may be filed with respect to any matter under the Citizenship Act, but only with leave of the Federal Court. “Leave” in this context means “permission” to have a matter heard by the Court at an oral hearing.
Moreover, the case for a refused skilled worker application can also be challenged if the applicant believes that he/she has reasonable chances of winning.
For contesting a decision, a Canadian immigration lawyer can also be roped in who can write to the program manager of the Canadian Visa Office in question to highlight the errors and to request a reconsideration of the refusal.
If your still don’t receive any response, a lawyer can help you pursue the appropriate legal course if the case is legally sound.
It must also be kept in mind that generally applicants rejected by IRCC at the federal level are presented before the Immigration Appeal Division or the Federal Court.
In case of permanent immigration applications rejected by Quebec’s immigration department (Ministère de l’Immigration, de la Francisation et de l’Intégration) MIFI, recourses are usually presented before the Tribunal administratif du Québec or the Superior Court of Quebec.
It should be noted that there is no formal appeal process if your application for a temporary resident visa is refused and if you wish to re-apply, you should do so only if your situation has changed substantively or you have significant new information to submit.
Appeal to the Supreme Court of Canada
It is to be highlighted that one can even move the Supreme Court of Canada regarding citizenship and an appeal may be made to the court from any final or other judgment of the Federal Court of Appeal (FCA) where leave to appeal from that judgment is granted by the Supreme Court if it pertains to matter of public importance.