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Prepared by Zilpah D’Souza; Hema Upreti; Edited by Samuel Francis Gills on January 21, 2023

 

A Canadian PR application may be rejected by the immigration department for a variety of reasons, including criminal history, failure to meet eligibility requirements, a lack of pertinent documents, a missed deadline, or an error made by the immigration officer.

Finding out that your application for temporary or permanent residence has been denied can be distressing. Thankfully, you might have options. The decision of a Canadian immigration officer to deny an application may be disputed if it was invalid in fact or law, or if it was unreasonable considering the circumstances and the quality of the file provided to the official.  Every decision made by Immigration, Refugees and Citizenship Canada (IRCC) that has an impact on an application may be appealed to the Federal Court, which will first determine if the case merits a hearing or whether it poses a significant legal issue. An illustration of this may be the denial of a work or study permit application in spite of strong supporting data.

In the event of rejected sponsorship applications, permanent resident applications, etc., may be appealed before the Immigration Appeal Division (IAD). Similar to how a skilled worker application would be challenged if it were denied, a refusal of an application for permanent residence may likewise be appealed before the Federal Court of Canada. A lawyer can write to the program manager of the Canadian Visa Office to point out the faults and request a review of the refusal if the rejection was founded on a factual or legal error and not in compliance with the rules of procedural fairness. You may work with a Canadian immigration attorney to draught a reconsideration letter, if necessary, given your specific circumstances.

 

 

If there is no answer or a negative response, a lawyer can assist you in pursuing the required legal action if the issue seems to be worth pursuing. Recourses are typically brought before the Immigration Appeal Division or the Federal Court for applicants who have been disapproved by IRCC at the federal level.

Applications for permanent immigration to Quebec that are denied by the Ministry of Immigration, Francisation and Integration (MIFI), the province’s immigration office, typically can redress before the Tribunal administratif du Québec or the Quebec Superior Court.

Contact us today to know if you qualify to migrate to Canada. Check out Owlspriority Immigration’s Canada Settlement Resources to learn about finding employment in Canada, making your initial days stress-free, etc.


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