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Ontario|Immigration LawAppeals and Deportation 677 Appealing an immigration decision If Immigration Canada does not accept your immigration application, you may have a right to appeal. This right to appeal will depend on the immigration category you applied to. The main three categories are: family class immigrants, independent immigrants, and refugee claimants.
- Family Class Sponsors
If your application to be a sponsor in the family class was rejected, you can make an appeal to the Immigration Appeal Division of the Immigration and Refugee Board. Immigration Canada will have sent your relative a refusal notice and you will need a copy of this refusal to file an appeal.
- Independent Immigrants
If your application to immigrate to Canada as an independent immigrant was rejected, strictly speaking, you cannot appeal. However, a lawyer can initiate Judicial Review at the Federal Court. You should contact an Immigration lawyer to help you understand your rights. You also have the option of re-applying at some later time when you have earned more points. If there is a difference between the number of points that you calculate for your application and the number of points that the immigration officer calculates, then the immigration officer's calculation will be used by Immigration Canada to make a decision about your application.
- Refugee Claimants
If your claim for refugee status was rejected at the Immigration and Refugee Board hearing, you can then file an application for an appeal with the Federal Court of Canada. Your application must be made within 15 days of receiving the Immigration and Refugee Board's decision. Filing an appeal is a complicated process and you should contact an immigration lawyer for assistance. Do not delay in contacting a lawyer, as time is critically important in these appeals.
If your application for an appeal is accepted, you will be given a new hearing in the Federal Court. If your application for an appeal is denied, you will be asked to leave Canada.
You can also file an application for an appeal with the Post-Determination Refugee Claimants in Canada unit. This unit is within the offices of Citizenship & Immigration, but it also reviews decisions made by the Immigration and Refugee Board. Very few cases that go to this unit are successful.
For more information about how to appeal a decision made by Immigration Canada, you can contact an immigration lawyer or an Immigration Canada office.
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