Refusals and Appeals
The decision to live, work or study in Canada is a very important life changing decision. It can be extremely disheartening if you submit an application for a visa and receive a refusal. There are however options that can be explored before giving up on your plans to visit or move to Canada.
The three main options are:
- Reconsideration of an application
- Re –applying on a new application
- The Appeals process
If you have received a refusal letter and your application was refused due to missing information or mis-interpreted information, you may feel that it is an issue that can be easily rectified. In this case you may be to offer additional information or clarify a part of the application that is the concern and request the application decision be reconsidered.
In this case you could reapply again to the same application you were previously refused. This is only beneficial if your circumstances have changed and you have new information that will improve, enhance or clarify your application. It is important to find out where you went wrong the first time to improve your chances.
Appeals for visa decisions are made through judicial review in the Federal Court of Canada. In these instances you will need to show that the program manager at the Canadian visa office assessing your case, acted against the law, unfairly or outside of their jurisdiction. In the case of appeals there are different timelines to lodge an appeal if the refusal was made inside or outside Canada.
Cases that involve permanent residents, refugees, sponsorship or removals are usually appealed to the Immigration Appeal Division.
In most cases the refusal you receive from CIC may not be very detailed, or you may disagree with the decision entirely. We can help you get better clarification on the decision if necessary, request reconsideration, assist with preparing a stronger application or advise if the appeal route is appropriate.
Contact us for a consultation to discuss your case, we will advise of your best options and give guidance of what your next steps should be.