Dealing with immigration refusals head on
Nothing could be more heartbreaking than to receive a refusal. Suddenly, all of one’s hopes and dreams of coming to Canada or of being reunited with a loved one seem to be dissolve before one’s very own eyes. But despite the initial shock of a negative decision, there are number of legal options that an experienced immigration lawyer can pursue to turn a refusal into a positive decision. The key is to act fast.
Not every case has the merits of being appealed. Sometimes a refusal does not warrant an appeal. Instead, in certain cases it is advisable to simply reapply again under the same program. For example, an applicant under a Skilled Worker application who scored very little on an English proficiency exam, resulting in a final assessment well below the required 67 points would not make a good case for filing a Judicial Review to Federal Court, as it cannot be said that the visa officer erred in fact or in law. On the other hand, an applicant whose final score was 66 points might have a strong case, arguing that the visa officer failed to properly consider using their discretion to award the missing point. If a visa officer makes an outright mistake in fact, policy or law, fetters their discretion or behaves unreasonably during a personal interview, an appeal may be advisable.
Presently, there are two legal avenues to pursue an appeal: The Immigration and Refugee Board of Canada (IRB) and the Federal Court of Canada. Click on the links to learn more about them.
Part of the Immigration and Refugee Board of Canada, a tribunal independent from both CIC and CBSA
Judicial Review is the appeal avenue of choice when your refused application does not grant a statutory right of appeal
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