Appealing Immigration Denials in Canada 2012

When you are notified by Citizenship and Immigration Canada that your immigration application, whatever type of application it was, has been denied – it can come as a huge shock. It is especially disheartening if you have waited years for your application for immigration to Canada to be processed – as many do – only to come to find out that it has been denied.

Your immigration denial letter that informs you your application has been refused may not be clear as it is based on immigration regulations you may not be familiar with. In addition, your immigration refusal becomes a part of the immigration department’s records and could affect future immigration applications.

When your immigration application for Canada is denied

When your immigration application for Canada is denied, you may feel angry. But do not take your denial personally, as many immigration applications – at least half from the most recent statistics – are denied. When you make an application to immigrate to Canada it is your responsibility to make sure that your application is prepared properly and that you follow the instructions.

Why your immigration application was denied is important, because it can determine your avenue of appeal. For example if you believe your documents were misplaced or a mistake was made on behalf of the visa office, you may be able to have them revisit your application.

Otherwise, you may need to appeal your decision at the Federal Court of Canada or with the Immigration Adjudication Division. Please keep in mind that these appeals have very strict deadlines depending on the situation – as few as 15 days in some instances. If you plan to appeal, you must get ready to do so immediately.

A licensed immigration lawyer who has experience in appealing immigration decisions can give you a huge advantage when it comes to successfully appealing your immigration denial. Please contact us immediately to speak with a licensed immigration lawyer.

If you intend to apply for immigration to Canada and have not yet done so, an immigration lawyer can also be a great asset in avoiding a denial due to errors or omissions on your application.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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