In Canada, individuals who have had their immigration application refused or have received a negative decision on their immigration case may have the right to appeal the decision. Here are some of the main immigration appeal processes available in Canada:
Immigration Appeal Division (IAD): The IAD is responsible for hearing appeals related to sponsorship applications, removal orders, and residency obligations. Appeals to the IAD must be made within 30 days of receiving the negative decision.
Refugee Appeal Division (RAD): The RAD is responsible for hearing appeals related to refugee claims that have been rejected by the Refugee Protection Division. Appeals to the RAD must be made within 15 days of receiving the negative decision.
Federal Court: Individuals who have received a negative decision from the IAD or RAD may be able to appeal to the Federal Court of Canada. The Federal Court can review decisions made by administrative tribunals to ensure that they are reasonable and comply with the law.
Humanitarian and Compassionate (H&C) application: If an individual’s application for permanent residence has been refused, they may be able to make an H&C application based on their personal circumstances, such as their establishment in Canada, family ties, and the best interests of a child.
It’s important to note that the appeal process and eligibility requirements can vary depending on the specific case and category of immigration. It’s recommended to seek the advice of a qualified immigration lawyer or consultant to determine the best course of action for your particular situation.
Call or email Skylake Immigration to find out how we can assist with your appeal process.