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IMMIGRATION CONSULTANTS & ASSOCIATES (CANADA)

Appeal an Immigration Refusal

The Canadian government has a duty to ensure that immigration is not being used as a means of exploiting or manipulating Canada’s immigration system.

If you have been refused entry to Canada, you have the option of appealing the decision. The Immigration Appeal Division (IAD) is an independent tribunal that reviews decisions made by Immigration, Refugees, and Citizenship Canada (IRCC).

The IAD can overrule a previous decision if it finds that IRCC erred in law or made an error in fact.

In order to submit an appeal, you must provide evidence that IRCC was wrong and demonstrate how this impacts your eligibility for Canadian immigration. You must also submit any new evidence that may affect your case. The IAD will then review your submission and make its own decision on whether or not to overturn IRCC’s original decision.

It is not uncommon for people to have their immigration application refused. This can happen for a number of reasons, but it does not mean that the applicant should give up hope.

The first step in appealing an immigration refusal is to understand why the application was refused in the first place. The applicant will then need to gather all of their evidence and prepare themselves before they can submit an appeal.

In order to prepare themselves, they will need to make sure that they know what documents they are required to provide and which ones would be helpful if they could present them as well. They will also need to consider how much time they have before the deadline expires and what deadlines are coming up after that one.

The Canadian Immigration and Refugee Protection Act outline the grounds for appeal. The grounds can be divided into two categories:

  1. The applicant was not given a fair hearing by the decision-maker or by an officer who made a decision on behalf of the decision-maker;
  2. The applicant has new evidence that would have had a significant impact on the original decision.

The applicant does not have to show that there was a serious error in law or fact in order to appeal an immigration refusal.

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