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What Are Immigration Appeals in Canada Like?

If you're having trouble with your immigration to Canada, read on to learn about immigration appeals and how a lawyer can help you re-apply for full citizenship.

If you are interested in immigrating to Canada from the US, it can sometimes be a difficult process. Many attempts often end with a refusal, but that does not that mean that you have completely lost your chance. Immigration appeals are possible after authorities have refused but you will need a lawyer to help you go through the process of an appeal.

The first avenue for immigration appeals is with the Federal Court of Canada. Each case is reviewed by the Judicial Board Review. If you were refused by an overseas immigration officer or were denied seeking refuge status, this would be the appeal court to follow up with after an initial request was denied. This court will decide if the original decision maker was acting within their jurisdiction and whether or not they were treating you fairly under immigration law in Canada. When you have a lawyer represent you, they can help support your case understanding the full extent of the laws that guide these decisions.

If the court decides that the original application was denied in error, you will have an opportunity to essentially re-apply. Your application will be redirected to a different person or department in immigration to review your application again, this time under a different level of scrutiny. If your appeal was filed in the country of Canada, you will have 15 days to appeal. If your appeal was made from the US, you will have 60 days to appeal. The best course of action is to appeal as soon as possible and not delay. Otherwise you may not be able to contest the original decision by the immigration department.

In other cases, appeals can be made to the Immigration Appeal Division. This division of the Canadian government requires more involvement of both a lawyer and of other Canadian citizens willing to vouch for you when your case is up for review again. If you have a sponsor, a permanent citizen or resident that has decided to speak on your behalf, they can help support your appeal. If you have a permanent resident via and you are asked to leave, you can file your case with a lawyer. If your refugee status is in jeopardy, you can appeal. In many cases, all of this must be done within 30 days of receiving your removal order letter from immigration authorities.

It can be very difficult to become a citizen of another country, especially if your first attempt is being compromised by the decisions of the immigration courts. If you are fully committed to becoming a Canadian citizen, then there are ways to appeal. Immigration appeals offer you a way to contest the original decision and continue to work towards full citizenship in the country. If you have questions or concerns about your original decisionFree Articles, you should contact an immigration lawyer as soon as possible in order to ensure a positive appeal.

Article Tags: Immigration Appeals, Original Decision

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