Appeal and Judicial Review

 

If you get a letter from Canada Immigration informing that your application for Canadian immigration or temporary visa was refused, keep cool! Depending on the type of your application, you have options.

Most decisions made by an immigration officer can be judicially reviewed before the Federal Court of Canada. Applicants choose this option should lodge the application for judicial review within a short time frame after they were notified of the refusal.

For refusal of a spousal sponsorship application, applicant should first appeal to the Immigration Appeal Division of the Immigration and Refugee Protection Board.  If the appeal was concluded against you, you may apply for judicial review of the appeal decision.

Re-application is also an option if possible.  However, applicants should know exactly why their applications were refused and re-organize their new application so as to persuade the immigration officer.  People making applications insideCanadamay be able to request a restoration of status and re-apply.  It is recommended that you consult a competent lawyer to prepare your second application.  This will not only increase your chance of success, but also increase the likelihood to win the judicial review in case your application is refused again.

The refusal of your application may involve many legal issues.  If you application is refused, contact Jeff Li for an assessment of your case and a discussion of your options.

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