Application for permanent resident status is one of the most crucial documents you are ever going to make in the whole process of immigrating to Canada. It must be completed with highest degree of honesty, precision and attention. Any information amiss or wrongly filled can lead to irrevocable damage to your prospects of starting a new life in Canada. In a lot many cases, applications may be permanently rejected.
While making an application for Permanent Resident status, you need to understand that this is an exhaustive application that would seek information on all aspects of your life – your background, educations, work history, training, age, language proficiency, criminal history, medical history and any other crucial information that can facilitate the Canadian immigration officers that you will be a worthy resident of the country. Permanent Resident applications have to supported with verifiable documents. There are many crucial things one has to take care of in the most normal cases. However, in case there is even a small gap or inconsistency in your application, it becomes very difficult to justify your application. So, always be meticulous, accurate and absolutely honest in your application for Permanent Resident Status.
Refusals: Permanent Resident Applications might be turned down in some cases. There can be several reason for the refusal including criminal inadmissibility, medical inadmissibility, misrepresentation, non-eligibility, inconsistency in claims, submission of wrong documents, lack of supporting evidence, irregularity in statements and evidence, and/or missing important deadlines.
However, what if your application is rejected after all?
The Immigration Appeal Division (IAD), Refugee Appeal Division (RAD) and Federal Court of Canada are recognized bodies to hear appeals on issues related to immigration, such as issuance of removal order, a sponsorship application getting rejected, residency obligation violation, or problems related to errors in application forms leading to their rejection.
There are various ways in which appeals can be made to the Immigration Appeal Division based on what decision we are appealing against. The scenarios under which you can make an appeal are-
- When you want to make an appeal on a rejected sponsorship application.
- When you want to appeal a decision on residency obligation.
- When you want to appeal a removal order
Since this appeal is time-bound, it has to be filed within 30 days from the day the refusal letter is received. Further, the Minister of Immigration, Refugees and Citizenship Canada (IRCC) produces the appeal record within 120 days from the date the appeal was received. The hearing of these appeals is done with exceptional agility so that applicants may find quick results. In cases where the Division feels that there is no need to wait for a formal hearing, the case is instantly forwarded to Alternative Dispute Resolution (ADR) which involves the applicant arguing for his/her case informally to the Member of the Immigration Appeal Division and the Minister’s counsel. The applicant’s lawyer can also ask for ADR if they want the proceedings to be held without formal hearing.
In all other cases, an appeal is responded with a formal hearing based on which the Immigration Appeal Division (IAD) determines if the appeal has to be accepted or denied. Once the appeal is accepted, the application process will be advanced further by Immigration, Refugee and Citizenship Canada.
However, there are certain grave cases where the rejection to an application cannot be revoked. Since national security and individual security of all Canadians is the prime responsibility of the Canadian government, no such application can move further where the government feels national threat to its security; or cases where the applicant has been involved in serious crime, human rights violation, or other forms of deviation from law.
We have years of experience in making appeals on behalf of our clients to the Immigration Appeal Division (IAD), which is a recognized body to hear appeals on issues related to immigration, such as issuance of removal order, a sponsorship application getting rejected, residency obligation violation, or problems related to errors in application forms leading to their rejection.
In order to understand the reason for refusal, you first need to comprehend fully the reasons for your refusal. Though the refusal letter carries the standard reasons, it is still better to have an idea. If you want to make a re-submission of the application or go for a review, it is better to comprehend the reasons for your refusal fully. Therefore it is better to submit an online Application for Access to Information to get a detailed account of reasons that led to the refusal. You will receive this response in approximately 30 days as stipulated by the IRCC. Once you have this crucial information, you can assess your case carefully and find major deficiencies in your application. In case, you feel that your application missed on some crucial information because either you forgot to mention or you deliberately left it, you should re-apply giving every little detail that is expected from you. You need to remember while making a re-application that there must be some addition in your documents and submissions to make re-application worthwhile.
You can also make an appeal to the Federal Court of Canada for a Judicial Review. A Judicial Review is requested for when you find that the immigration officer has either made an error while assessing your case or has been unreasonable or prejudiced against you. An appeal for Judicial Review must be made within the 15 days from when you received the refusal. In a Judicial Review, you challenge the immigration officer’s decision against your application and prove that their claims were wrong or irrational. For this, you must be able to point out some error or lapse of judgement on the part of the immigration officer. The Federal Court cannot decide if you are to be permitted Permanent residency in Canada. The Federal Court of Canada will only take a decision on whether your case should be sent for re-assessment. If the Court allows a re-assessment, Immigration, Refugee Citizenship Canada will go ahead with reviewing your case with a different immigration officer.
In case of refusal on sponsorship applications, the sponsor can make an appeal to Immigration Appeal Division if they feel that the enquiry of the immigration officer and the decision are misplaced. However, an appeal to the IAD cannot be made if there are criminal and medical inadmissibility findings.
In that scenario, there is a different way to proceed. It is always better to consult a professional lawyer when dealing with refusals, appeals and re-submissions.