Receiving a refused immigration application can be stressful. Residents of Surrey, BC and the Lower Mainland should understand their options. Immigration appeals in Canada allow you to challenge some decisions, but it is a complicated and time-sensitive process.
Consulting an immigration appeal lawyer in Surrey, BC can help you understand your case and deadlines, and recommend next steps.
Common Reasons Immigration Applications Are Refused
There are several reasons why immigration applications may be refused, including:
- Incomplete or inaccurate documentation.
- Insufficient proof of financial support.
- Not meeting health or security standards.
- Weak personal explanation letters.
- Not establishing your intention to reside in Canada.
- Criminality or security concerns.
- Failure to demonstrate financial resources for yourself or dependents.
- An inadmissible family member.
Immigration Appeal Options in Canada
If your application has been refused, you have several appeal options.
Immigration Appeal Division (IAD) Appeals
Some refusals, like family sponsorship, removal orders, or residency obligation issues, can be appealed to the IAD. Appeals must be submitted within 30 days of refusal.
The IAD hears four types of cases:
- Family sponsorship appeals
- Removal orders against permanent residents or protected persons.
- Appeals from permanent residents who have not been in Canada for 730 days each five years.
- Appeals by the Minister of Public Safety in favour of immigrants at admissibility hearings.
Judicial Review Immigration Appeal
It allows you to request the Federal Court of Canada to consider the decision. Only a Canadian immigration lawyer can file this application. Rejected applications must be applied for within 15 days in Canada and 60 days if you’re outside of the country.
Reapplication
Reapplying may be a better option than appealing in some cases, such as if new information or documentation can address the refusal reasons.
How an Immigration Lawyer Can Help With Appeals
A Surrey immigration lawyer may provide guidance during the appeal process. This includes:
- Reviewing refusal letters
- Determining appeal eligibility
- Handling legal procedures like preparing submissions and supporting evidence.
- Representing clients at hearings.
- Specialized assistance for those who don’t understand the hearing process.
Why Legal Support Matters in Immigration Appeals
Immigration appeals in Canada must adhere to strict timelines and follow complex procedures. Self-representation may increase the risk of incomplete filings. A lawyer can help evaluate if an appeal or reapplication is the most strategic option and guide you through the process.
FAQs
Can all immigration refusals be appealed in Canada?
Not all refusals can be appealed. The type of application, immigration status, and reasons for refusal determine whether an IAD appeal or judicial review is possible.
How long do I have to file an immigration appeal?
IAD appeals must generally be filed within 30 days of refusal. Judicial review timelines vary. Residency obligation failures have a 50-day deadline, while the deadline is 15 days for inland decisions.
When to Contact Basra Law
If you’re dealing with a refused immigration application, its recommended to consult a local immigration appeal lawyer in Surrey, BC. Basra Law serves Surrey and Lower Mainland Canada, giving guidance on appeals and judicial review.
Contact us through our website or call 604-560-0016 to discuss your situation.
Get Advice From Basra Law Today
A refused application doesn’t mean your immigration journey has ended. Legal advice can make a difference in the appeal process. Basra Law provides professional, client-focused support to Surrey and Lower Mainland residents. Reach out today to learn about your options and ensure your appeal has the best chance of success.