Area of Law: Immigration Law
Answer # 680
Appealing an immigration decisionRegion: Ontario Answer # 680
If Immigration, Refugees and Citizenship Canada (IRCC) does not accept your immigration application, you may have a right to challenge the decision. This right will depend on the immigration category you applied under. The four main categories are:
- Family Class immigrants,
- Skilled Worker Class immigrants,
- Business Class 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 (IRB). The Canadian visa office will have sent your relative a refusal notice and you will need a copy of this refusal to file an appeal.
Skilled Worker Class immigrants & Business Class immigrants
If your application to immigrate to Canada as a Skilled Worker or Business immigrant was rejected, strictly speaking, you cannot appeal. However, a lawyer can initiate a Judicial Review at the Federal Court. You should contact a Canadian immigration lawyer to help you understand your rights. You also have the option of re-applying for the Skilled Worker or Business immigrant application. 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 IRCC.
If your claim for refugee status was rejected at the IRB hearing, depending on which country you are from, you might be able to file an appeal to the Refugee Appeal Division (RAD) of the IRB, or you can file an application for an appeal with the Federal Court of Canada. There are strict deadlines that apply to each of these options. Filing an appeal or Federal Court challenge 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 matters.
If your application for an appeal is accepted, you will be given a new hearing. If your application for an appeal is denied, you may be asked to leave Canada.
To find foreign consulates and embassies in your province, click here.
For more information about how to appeal a decision made by Immigration, Refugees and Citizenship Canada, visit IRCC. Information is also available from the Immigration and Refugee Board of Canada (IRB).
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