If your Canadian immigration application is rejected, you may have the option to appeal the decision or reapply. The appeal process depends on the type of application and the reason for refusal. Here’s how to proceed:
1. Understand the Reason for Rejection
Before appealing, carefully review the refusal letter from Immigration, Refugees and Citizenship Canada (IRCC). Common reasons for rejection include:
- Incomplete documentation
- Failure to meet eligibility requirements
- Medical or criminal inadmissibility
- Misrepresentation
2. Determine If You Can Appeal
Not all immigration refusals can be appealed. The type of application determines your appeal options:
Applications That Can Be Appealed
- Family Sponsorship Refusals – Can be appealed to the Immigration Appeal Division (IAD).
- Permanent Residency Refusals (on humanitarian grounds or family class sponsorships) – May be eligible for an appeal.
- Refusal of Refugee Claims – Can be appealed to the Refugee Appeal Division (RAD).
Applications That Cannot Be Appealed
- Express Entry refusals – You must reapply with a stronger profile.
- Temporary visas (visitor, student, work permit refusals) – No formal appeal, but you can request judicial review at the Federal Court of Canada.
3. File an Appeal with the Immigration Appeal Division (IAD)
If your case qualifies for an appeal, you must:
- Submit a Notice of Appeal within 30 days of receiving the refusal.
- Prepare supporting documents, such as proof of relationship for sponsorship cases.
- Attend a hearing, either in person or by video conference.
4. Request a Judicial Review
If your application is not eligible for an appeal, you may request a judicial review at the Federal Court of Canada within 15 to 60 days of the refusal. This is not a full appeal but a review of whether the decision was made fairly.
5. Consider Reapplying
If an appeal is not an option, correct the issues that led to the refusal and submit a new application. Common steps include:
- Providing additional proof (e.g., financial documents, work experience letters).
- Improving your Express Entry CRS score before reapplying.
- Addressing medical or criminal inadmissibility (e.g., applying for a Temporary Resident Permit or Criminal Rehabilitation).
6. Seek Legal Help
Immigration appeals can be complex. A licensed immigration lawyer or regulated immigration consultant can help strengthen your case.