Canadian Immigration Application Refusal: What to do Next?
If you’re applying to become a temporary or permanent resident in Canada and find out that your application has been refused, it can be incredibly disheartening.
Fortunately, you may have options to challenge the decision. An immigration officer’s refusal can be contested if it was based on incorrect facts, legal errors, or was unreasonable given the circumstances and the quality of the submitted documentation.
THE MILLENNIUM IMMIGRATION can help you navigate this process. Just fill out our contact form, and one of our experts will get in touch to arrange a free consultation.
Overview
All decisions made by Immigration, Refugees and Citizenship Canada (IRCC) that impact an application can be brought before the Federal Court. The Court will first determine if the case warrants a hearing (if it is prima facie unreasonable) or if it raises a significant legal question. For instance, this could involve a work or study permit application that was denied despite substantial supporting evidence.
Refusals of permanent residence applications can also be challenged before the Immigration Appeal Division, particularly in cases involving sponsorship denials. Additionally, applications for permanent residence can be contested in Federal Court, as with refused skilled worker applications.
If applicable to your situation, The Millennium Immigration can assist with the following:
Reconsideration Letters: If the refusal was based on factual or legal errors, or if the decision did not adhere to principles of procedural fairness, we can draft a letter to the program manager at the relevant Canadian Visa Office to highlight these issues and request a reconsideration of the decision.
If no response is received or a negative response is issued, we can initiate the appropriate legal proceedings if the case appears viable:
For applications denied by IRCC at the federal level, appeals are typically made to the Immigration Appeal Division or the Federal Court.
For applications rejected by the Ministère de l’immigration, de la Diversité et de l’Inclusion (Quebec only, for permanent immigration), appeals usually go to the Tribunal administratif du Québec or the Superior Court of Quebec.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is one of Canada’s top immigration law firms, with over 11 years of experience and a dedicated team of more than 60 Canadian immigration attorneys, paralegals, and professionals.
We utilize our expertise to help clients navigate inadmissibility issues. Our team of inadmissibility lawyers will take the time to understand your unique situation and craft the strongest possible application for Canadian immigration authorities.
Founded in 2013, themillenniumimmigration.com serves as the online platform for THE MILLENNIUM IMMIGRATION. Since its inception, it has become one of the most trusted resources for information on immigration to Canada. We invite you to connect with us for support with your inadmissibility needs.