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About Refusals and Appeals You Might Want To Know

About Refusals and Appeals You Might Want To Know

December 19, 2019

Deciding to live, work or study in Canada is a very important life-changing decision. That’s why it can be extremely disheartening if you submit an application for a visa and receive refusals and have to prepare for appeals. However, there is always a chance for you that can be explored before giving up on your plans to move to Canada. Refusals and appeals aren’t the ends of the world, right?

The reasons for visa refusals

If you’re found inadmissible, you’ll be denied a visa or an Electronic Travel Authorization (eTA), refused entry to, or removed from Canada.

You could be found inadmissible for a number of reasons, such as:

  1. security reasons, including
  • espionage
  • subversion (attempts to overthrow a government, etc.)
  • violence or terrorism
  •  membership in an organization involved in any of these human or international rights violations, including
    • war crimes
    • crimes against humanity
    • being a senior official in a government engaged in gross human rights violations or subject to international sanctions:
      • committing a crime, including driving while under the influence of drugs or alcohol
      • organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering
  1. medical reasons – this includes medical conditions that:
  • endanger public health
  • endanger public safety or
  • causes excessive demand on health or social services (some applicants are exempt)
  1. financial reasons – if you’re unable or unwilling to support yourself and your family members
  2. misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
  3. failure to comply with any provision of IRPA or
  4. having an inadmissible family member.

Refusals happen for a reason, but the first thing to take stock is to know that you have solutions. Understand, however, that you have to act fast when you receive your letter of refusal because time will not be at your side – you may only have as much as 30 days to file an appeal, and deadlines for appeals are strict.

Appeals

An immigration officer’s decision to refuse an application may be challenged if the decision was wrong in fact or law, or unreasonable with regards to the facts at hand and the quality of the file presented to the officers. Depending on the facts of the case, it can also be a rightful decision, but one that can be overturned in light of humanitarian considerations.

Individuals who have received a notification that their visa application has been refused may file a request to the Canadian Federal Courts; alternatively, they may file an appeal to the Immigration Adjudication Division. Both options, however, have strict deadlines for appeals, and thus the most important thing when considering to file an appeal is to act quickly and decisively.

Individuals may also file a claim for Restoration to the Case Processing Center. The center handles his or her application after the persons make a notification. A legal evaluation of your case is necessary at this point. Also, you will need to find a licensed Canadian immigration lawyer that will represent your interests competently. Cases that involve permanent residents, refugees, sponsorship or removals are usually appealed to the Immigration Appeal Division.

 



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