Refusals on Permanent Residency Application. When should an Appeal be Made?

Immigration application is one of the most crucial documents in the whole process of immigrating to Canada and must be completed with honesty, accuracy and attention. Any information amiss or wrongly filled can lead to irrevocable damage. In a lot many cases, applications may be permanently rejected.

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.