IMMIGRATION REFUSALS – JUDICIAL REVIEW TO THE FEDERAL COURT OF CANADA
Was your Canadian immigration application refused?
If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused.
Do not panic! You have still some options.
- You are eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal by Canada Immigration.
- You are eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
- You can make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal. For example, if you initially applied as a Skilled Worker, Investor, Entrepreneur, Visitor, Work/Study Permit applicant, Live-in Caregiver, Canadian Experience Class or as a Refugee and your application/case was rejected, your available option/remedy, aside from reapplying in some cases, is an Appeal to the Federal Court.
Further cases the appeals from which go directly to the federal court include:
- Rejections of Pre-Removal Risk Assessment applications
- Rejections of Humanitarian & Compassionate applications. It should be noted that, generally speaking, all decisions made by a governmental authority in the course of their duties are subject to being judicially reviewed by the Federal Court.
PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUEBEC
A decision of Immigration Canada may, within 60 days of notification of the decision, be contested before the Administrative Tribunal of Québec if
- Your application for an undertaking is rejected or your undertaking is cancelled
- Your selection certificate or certificate of acceptance is cancelled
Canadian immigration laws are always enforced strictly and even minor failures in meeting the legal and regulatory requirements will lead to rejection. These rejections are communicated to you by way of a refusal letter. If you receive such letter informing you that your application has been rejected, you should not panic as there are options for appealing the rejection. You should, however, note that there are strict time limitations within which you must act in appealing the rejection. These time limits vary depending upon the nature of your case. The remedies (or options) that are available to you also vary depending upon the class/category under which you initially applied.
