Refusals and appeals for Canadian immigration applications

 Refusals and appeals for Canadian immigration applications

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You may have recourse if your immigration application was unjustly refused.

Learning that your application for temporary or permanent residence in Canada has been rejected can be devastating. Fortunately, you may have recourse.


A Canadian immigration officer's decision to deny an application may be challenged if it is wrong in fact or law, or unreasonable with regard to the facts at hand and the quality of the documents submitted to the officer. 

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

All decisions by Immigration, Refugees and Citizenship Canada (IRCC) affecting an application can be brought before the Federal Court, which will first decide whether the case warrants a hearing or whether important issues of law are raised. An example of this might be the refusal of a work or study permit application despite substantial evidence likely to favor its approval.

For example, where sponsorship is refused, it is also possible to contest the refusal of a permanent residence application in the Immigration Appeals Division. Denials of permanent residence applications can also be challenged in federal court, as in the case of denials of skilled worker applications.

If necessary in your particular situation, you can hire a Canadian immigration attorney to help you with a letter of reconsideration.

If the refusal is based on a factual or legal error that does not comply with the principles of procedural fairness, the attorney may write to the program manager at the Canadian visa office concerned, pointing out the error and requesting reconsideration of the refusal.

If no response is received or a negative response is received, an attorney can help you pursue the proper legal process if the case appears meritorious.

For applicants who are rejected by IRCC at the federal level, there is usually recourse to the Immigration Appeals Division or the Federal Court.

For permanent immigration applications rejected by MIFI, the Quebec immigration authority, recourse is usually brought to the Quebec Administrative Tribunal or to the Superior Court of Quebec.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

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