Immigration & Refugee Appeals
As discussed above, certain situations are appropriate for intervention from the Federal Court or submission to the Immigration Appeal Division. Typically, improper refusals or delays in immigration application processing may be appropriate for one of those options.
Federal Court Appeals
Law Wise Lawyers may appear before the Federal Court where appropriate. Such appearances are needed in extraordinary or new circumstances where intervention of the Federal Court system is warranted. If you believe that your case is appropriate for Federal Court intervention, we invite you to contact us directly.
Immigration processing delays also occur for a number of reasons. In most cases, the Visa Office processing the application is doing the absolute best they can to process the application in a timely fashion. Under certain circumstances, however, a Visa Office will have delayed far beyond the standard processing time. In those cases, it may be necessary to seek Federal Court intervention to mandate that the Visa Office process the application in a timely fashion.
In case of an unfavourable decision, you can appeal to the Federal Court of Appeal. The Department of Justice can also do the same. Rare appeal cases can even reach the Supreme Court of Canada.
Immigration Appeals to IAD
When a Canadian Visa Officer has made an improper or unwarranted decision, such as the refusal of application or some other unsupported determination; the matter may be submitted to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada.
Immigration applications can be refused by Immigration, Refugees and Citizenship Canada (IRCC) for a wide range of reasons, from failure of the applicant to achieve the required number of points to credibility concerns. At Law we can provide representation in the appeal of certain refusals.
All immigration appeals pertaining to Canadian citizens and permanent residents are decided upon by members or judges of the IAD. Few of the appeals include residency obligation appeals, removal order appeals and refused family sponsorship applications. Law Wise will assess your case to determine if an appeal is appropriate. If appropriate, we offer legal representation for the entire Immigration appeals process. If you believe that your case is appropriate for the Immigration Appeal Division, we invite you to contact us directly.
Refugee Appeals
Refugee claim applications made by foreign nationals within Canada are managed by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). If your claim gets rejected, you will need to file your appeal to the Refugee Appeal Division (RAD) where typically decides upon the cases without any hearing. Appeal to the RAD is not allowed if your claim is considered to have no solid basis and is unfounded.
Taking support from skilled Immigration Lawyers is recommended to make a strong and well-documented appeal that can eventually turn out to be successful.
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