Immigration Appeals and Professional Legal Advice
Professional legal advice is essential for navigating the complex immigration appeal system, maximizing your opportunities for success, and ensuring that your rights are protected throughout the refusal and appeals process.
Immigration Appeal Options After Refusal
Facing a Canadian immigration refusal can be disheartening, but applicants have several appeal options to seek redress and challenge the decision. The first step is to determine the appropriate appeal mechanism based on the specific circumstances of the case.
The immigration appeal process can be complex, requiring legal expertise and thorough preparation. The Lyon Stern immigration appeal experts will ensure you understand the options available, prepare persuasive arguments, and increase your chances of success in challenging an immigration refusal. When faced with a refusal, your options could include:
Appeals at the Immigration Appeal Division
The Immigration Appeal Division (IAD) is a tribunal that hears appeals related to immigration matters, such as sponsorship appeals, removal order appeals, and residency obligation appeals.
Immigration appeals to the IAD provide an avenue for individuals to challenge negative decisions and present additional evidence or arguments.
Reconsideration Requests
Reconsideration requests are submitted to immigration authorities to request a review of a decision based on new evidence or errors made during the initial assessment. These requests must demonstrate that the decision was incorrect or unreasonable and present compelling reasons for reconsideration.
Submitting a New Application
After a Canadian immigration refusal, individuals can submit a new application addressing any deficiencies or concerns raised in the previous decision. It’s essential to thoroughly review the reasons for refusal and gather additional supporting documentation to strengthen the new application. Seeking guidance from an immigration consultant or lawyer can help navigate the process effectively and increase the chances of success in obtaining approval for the new application.
Leave for Judicial Review
Leave for judicial review is the process of seeking permission from the Federal Court to review and challenge administrative decisions made by immigration authorities. It involves submitting an application to the Court, highlighting the errors or unreasonableness in the decision, and demonstrating that there are valid grounds for the review.
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.
Criminal Inadmissibility
Overcoming criminal inadmissibility to Canada is a complex process, but there are several options available to individuals facing this challenge. One option is to apply for Criminal Rehabilitation, which allows individuals with a criminal record to enter Canada if they can prove that they have been rehabilitated and are unlikely to re-offend. To be eligible for Criminal Rehabilitation, a certain amount of time must have passed since the completion of the sentence.
Another option is a Temporary Resident Permit (TRP), which allows individuals with a criminal record to enter Canada for a specific purpose and duration despite being inadmissible.
Individuals facing criminal inadmissibility need to seek guidance from an experienced immigration lawyer who can assess their situation, determine the best course of action, and assist with the application process. With proper guidance and preparation, individuals may be able to overcome criminal inadmissibility and gain entry to Canada for various purposes, including work, study, or tourism.
Inadmissibility Options
Inadmissibility refers to situations where an individual is deemed ineligible to enter or remain in Canada due to reasons such as criminality, medical conditions, security concerns, or non-compliance with immigration regulations. Resolving inadmissibility issues often requires specialized applications, waivers, or other remedies.
Temporary Resident Permits
Temporary Resident Permits (TRPs) are discretionary documents that allow individuals who are otherwise inadmissible to enter or remain in Canada temporarily. TRPs are typically granted for compelling reasons, such as urgent medical needs, family reunification, or significant economic or cultural benefits to Canada.
Authorization to Return to Canada (ARC)
An Authorization to Return to Canada (ARC) is required for individuals who have been deported, removed, or voluntarily left Canada while under an enforceable removal order. It allows them to seek permission to return to Canada after a certain period of time and under specific conditions. The application process involves demonstrating the reasons for the request, evidence of rehabilitation, and adherence to immigration requirements.
Criminal Pardons and Rehabilitation
Criminal Rehabilitation is a process that allows individuals with a criminal record to overcome their inadmissibility and regain the ability to enter or remain in Canada. It involves submitting an application to demonstrate rehabilitation, including evidence of a stable lifestyle, remorse, and no further criminal activity.
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.
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.
