APPEALS Any type of refusal by the immigration authorities may be appealed in court in Canada. These appeals will be made either to the Federal Court of Canada, or in certain types of cases, to the Immigration Appeal Division. If your immigration case has been rejected and you wish to know whether you have good chances of success on appeal, please fax the decision to our office or scan it and e-mail it to . Attach a letter or e-mail briefly explaining why you think the decision is incorrect, and give us your return e-mail address. We will review the decision and get back to you to describe your appeal options and chances. There is no fee for this service. REFUSED CASES - JUDICIAL REVIEW APPEALS AT THE FEDERAL COURT Any immigration decision may be challenged by way of Judicial Review in the Federal Court of Canada. As examples, a decision made by an immigration officer overseas to refuse a visa application, or a decision of the Immigration and Refugee Board to refuse a refugee claim, are both reviewable administrative decisions. This means that the Court can review the decision to decide whether it was lawfully made. Issues the Court will consider include whether the decision-maker acted legally and within jurisdiction, whether the decision was made using a fair procedure, and whether the decision was reasonable in light of the evidence. It is not necessary for the applicant to be in Canada or to appear before the Court in person, the case can be managed entirely by Mr. Jefferys office including any appearances at the Court. If the Court decides that the decision was not properly made, the case will be sent back to be re-decided by a different decision-maker. This type of appeal to the Court must be made within 15 days of a refusal made in Canada, or 60 days of a refusal made outside Canada, so it is important to act promptly to preserve your appeal rights. REFUSED CASES - REQUESTS FOR RECONSIDERATION Depending on the reasons for refusal, in some cases it may be worthwhile to make a request for reconsideration before proceeding to appeal. For example, where an application for a visa was refused on the basis of insufficient information or because the decision-maker misunderstood the information presented, a request for reconsideration can be made attaching additional evidence to support the application, addressing the concerns of the decision-maker. Where there is new evidence in support of a case the immigration authorities may reconsider their decision. This step may be taken within the 15 or 60-day period preceding the making of an appeal to the Federal Court. Matthew Jefferys office has considerable experience assisting clients with requests for reconsideration in negative immigration decisions. We can help to prepare a convincing submission to the relevant decision-maker, so as to obtain a quick resolution in the case without the need for an appeal. DELAYED CASES - MANDAMUS APPEALS AT THE FEDERAL COURT While most appeals at the Federal Court level seek to overturn a decision that has already been made, in some instances the appeal is seeking the making of a decision. For example, where the immigration authorities have unreasonably delayed the processing of a visa application, an appeal to the Federal Court can be made requesting that the Court order the immigration authorities to complete the processing of the application immediately. This type of court order is called mandamus which is Latin for we command. The Federal Court has the authority to order the citizenship and immigration authorities to do anything that they are legally obliged to do but have unreasonably failed to do. If your citizenship or immigration application has been delayed far beyond normal processing times you may wish to bring an appeal to the Federal Court seeking an order of Mandamus compelling the making of a decision. Matthew Jefferys law office can assist you to pursue this remedy. CITIZENSHIP APPEALS AT THE FEDERAL COURT Permanent residents who applied for Canadian citizenship and were rejected can appeal the negative decision of the citizenship authorities to the Federal Court within 60 days. The appeal will proceed as a judicial review, meaning that the court will review the decision and the evidence that was before the decision-maker and will decide whether the decision was reasonable in light of the evidence, procedurally fair, and otherwise made in accordance with the law. If the court finds that the citizenship authorities made an error, the court will send the case back to the citizenship authorities to re-decide the application. It is not necessary for the applicant to be in Canada or to appear before the Court in person, the case can be managed entirely by Mr. Jefferys office including any appearances at the Court. APPEALS TO THE IMMIGRATION APPEAL DIVISION In certain types of immigration cases a negative decision can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, which is a Canadian administrative tribunal. Such appeals are available to those who are citizens or permanent residents of Canada, or persons who have been granted refugee status. Usually an appeal must be made within 30 days of the negative decision so in these situations it is important to act quickly in order to preserve your appeal rights. The types of cases which can be appealed to the IAD include: Appeals by sponsors. Where a Canadian citizen or permanent resident has attempted to sponsor a family member and the application was rejected by the Immigration authorities, an appeal may be made to the IAD within 30 days of receipt of the refusal letter.Appeals by permanent residents. If a permanent resident or a person holding a permanent resident visa has been found to be inadmissible and is ordered removed from Canada, an appeal may be made to the IAD within 30 days of receipt of the removal order.Appeals by refugees. Where a person who has been granted refugee protection is subsequently been found to be inadmissible and is ordered removed from Canada, an appeal may be made to the IAD within 30 days.Residency appeals. In a situation where a permanent resident is determined not to have fulfilled the residency requirement, and has lost their permanent residence as a result, an appeal can be made to the IAD within 60 days of the decision. Persons who appeal to the Immigration Appeal Division must attend a hearing, either in person or by teleconference. Appellants will be permitted to present new evidence in support of their case, may personally testify before a judge, call witnesses, and be represented by a lawyer. The IAD will consider whether the negative decision was legally made, and may also consider Humanitarian and Compassionate factors related to the case. If the IAD decides that the decision was wrongly made, or there exist sufficiently compelling Humanitarian and Compassionate factors, it will overturn the original decision and send the case back to be re-decided in accordance with its findings. If the IAD dismisses the appeal, a further appeal of the IADs decision may be made to the Federal Court. If your citizenship or immigration case has been rejected or delayed and you wish to appeal, please contact us for further information. If you wish to e-mail or fax our office a copy of the refusal letter in your case, we will review it and get back to you as to your chances of success More information please contact: +6287777573088 You email SEND To: rudli.hadis23@gmail +886979459947 +6287777573088 Can pass line, Viber, whats app, cocoa talk, or BB pin, 7CF70475 or 7EB409A9
Posted on: Sun, 21 Dec 2014 11:16:45 +0000
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