Immigration Refusals and Appeals Fast Facts
Use the tabs to view quick facts about the types of service, and select ‘Learn More’ to access a more detailed description.
Lyon Stern specializes in refusals, appeals, and other complex immigration cases. Our skilled, creative experts to provide tailored solutions to assist you in overcoming your immigration obstacles.
Immigration Appeal Options After Refusal
Immigration application refusals can be challenged through several pathways, depending on your status in Canada. Canadian citizens and permanent residents may appeal certain refusals, such as family sponsorship denials or removal orders, to the Immigration Appeal Division (IAD). Temporary residents or applicants without status must rely on reconsideration requests, reapplications, or judicial review.
Appeals to the IAD are de novo, allowing new evidence and arguments, while judicial review focuses on procedural fairness, reasonableness and errors in law. Each option is complex, with strict deadlines and high stakes. Lyon Stern specializes in immigration appeals, judicial reviews, and reapplications, providing expert guidance and representation to help clients overcome refusals.
The Next Step
Responding to Procedural Fairness Letters
When faced with a procedural fairness letter during the Canadian immigration process, responding effectively is crucial for a successful outcome. These letters outline concerns or issues with an application, offering applicants an opportunity to address them before a final decision is made.
A procedural fairness letter is the opportunity to appeal before the immigration officer refusing the application. Navigating the nuances of immigration law can be challenging, and a minor error in the response could have significant consequences. Professional legal advice is highly recommended.
Lyon Stern’s lawyers can guide applicants through the process, ensure that responses are comprehensive and persuasive, and increase the likelihood of a favorable outcome.
The Next Step
Misrepresentation
Misrepresentation in Canadian immigration law is a serious and complex issue that can have devastating consequences, including application refusals, bans from entering Canada for up to five years, and removal orders. It occurs when false, incomplete, or misleading information is provided to immigration authorities, whether intentionally or unintentionally.
This can include misstatements on application forms, omissions of key facts, or the use of fraudulent documents. Even unintentional errors can lead to accusations of misrepresentation, making it crucial to approach all immigration processes with precision and care. Understanding this intricate area of law is essential to avoid jeopardizing your immigration status.
The Next Step
Criminal Inadmissibility
Criminal inadmissibility is a significant obstacle that prevents individuals with a criminal record from entering or staying in Canada. Even minor convictions, such as a DUI or theft, can render someone inadmissible under Canadian immigration law. Addressing this issue is highly complex, involving strict legal standards, equivalency assessments, and limited remedies such as Temporary Resident Permits (TRPs) or Criminal Rehabilitation. Many applications fail due to incomplete submissions or a lack of legal expertise.
Lyon Stern specializes in helping clients overcome criminal inadmissibility, offering expert case analysis, application preparation, and representation in appeals. With a proven track record of success, we guide you through this challenging process to achieve the best possible outcome.
The Next Step
Inadmissibility Options
Being found inadmissible to Canada due to a criminal record, health concern, or other issue doesn’t have to be the end of your journey. Options for overcoming inadmissibility include Temporary Resident Permits (TRPs), Criminal Rehabilitation, Authorization to Return to Canada (ARC), and applications on Humanitarian and Compassionate (H&C) grounds. Judicial review or reapplication are also viable pathways depending on your circumstances.
Each option is complex, requiring careful preparation and legal expertise to succeed. Lyon Stern specializes in helping clients navigate these challenges, preparing strong applications and providing expert representation for judicial reviews or legal opinion letters. With extensive experience in Canadian immigration law, we are committed to finding the best solution for your unique case. We can help overcome your inadmissibility to Canada.
The Next Step
Humanitarian and Compassionate Applications
Canadian Immigration’s Humanitarian and Compassionate (H&C) applications provide a pathway to permanent residency for individuals facing exceptional circumstances that prevent them from returning to their home country. These applications are designed for individuals who do not qualify for other immigration streams but demonstrate compelling reasons why they should be allowed to remain in Canada on humanitarian or compassionate grounds.
H&C applications take into account factors such as family ties in Canada, establishment and integration into Canadian society, and the best interests of any children involved. Successful applicants may receive exemptions or discretionary relief from certain immigration requirements, leading to permanent residency status. While H&C applications offer a lifeline to individuals facing extraordinary circumstances, they require thorough documentation and persuasive arguments to demonstrate the severity of the applicant’s situation and the compelling reasons for granting relief.
The Next Step
-
Learn More About H&C PR Applicationss
-
Get a Complimentary Immigration Assessment
-
Make an Appointment to Speak with a Lawyer
-
Contact Lyon Stern Now
Seeking guidance from an experienced immigration lawyer can greatly enhance the chances of success in navigating the H&C application process.
Temporary Resident Permits (TRP)
A Temporary Resident Permit (TRP) allows individuals who are otherwise inadmissible to enter or stay in Canada temporarily. It is often required for issues like past criminal convictions, health concerns, or immigration violations. However, TRP applications are highly complex, with strict evaluation standards and a high failure rate. Even minor errors or insufficient documentation can result in refusals.
Navigating this process requires strong evidence, compelling arguments, and a thorough understanding of immigration law. Lyon Stern specializes in TRP applications, offering expert legal advice and meticulous support. With our proven experience, we can help you overcome inadmissibility and achieve your goals.
The Next Step
-
Learn More About Temporary Resident Permits
-
Get a Complimentary Immigration Assessment
-
Make an Appointment to Speak with a Lawyer
-
Contact Lyon Stern Now
Seeking guidance from an experienced immigration lawyer can greatly enhance the chances of success in navigating the H&C application process.
Get Started Now
The initial refusal of an immigration application is not necessarily final as there are immigration appeal options for adverse decisions.
Professional legal advice is essential for navigating the complex immigration system, maximizing your opportunities for success, and ensuring your rights are protected throughout the refusal and appeals process. It is important to act quickly.
Our team will review your case and the immigration officer’s reasoning for refusing an immigration application. Analyzing this information after a refusal allows our lawyers to evaluate the strength of your case, identify potential legal arguments, and determine the most appropriate course of action.
