Appeal in the Federal Court
If the immigration authorities have turned down your application, your case can be appealed and re-evaluated by way of Judicial Review by the Federal Court of Canada. This way, the decision can be reviewed and weighed to determine if the decision made was lawful and fair. If the Immigration and Refugee Board have declined your refugee claim, you may also file an appeal. The applicant does not necessarily need to appear before the court in person as an immigration lawyer can manage that task for you. If it was proven that the refusal or denial of your application was not made fairly, the case will be sent back and be open again for review by different decision-makers. Remember that this court appeal must be made within 15 days after the refusal if you are in Canada or 60 days if outside Canada. It is advisable to act promptly before your application becomes totally rejected and your right to appeal in court is void.
Appeals to the Immigration Appeal Division
The types of cases that can be appealed to the Immigration Appeal Division (IAD) include appeals by sponsors. If a Canadian citizen or a permanent resident in Canada applied to sponsor a family member and the application has been turned down, the appeal must be made within 30days from the receipt of the refusal letter. If you are a permanent resident in Canada and are found inadmissible and ordered to leave Canada, you may also appeal to the IAD within the same 30days. A refugee given refugee protection who is found inadmissible and ordered to leave the country must also appeal within the same30-day period from the receipt of the letter of refusal. The same thing also applies for residency appeals. This is in regards to a permanent resident of Canada who is outside of the country and has not fulfilled the residency requirement. The difference is that the applicant may file an appeal within 60 days.
Those making an appeal will be given the chance to present new evidence to prove their claims. The appealing party can personally testify before a Board member. The IAD will check if the refusal or negative decision was fairly made and will try to consider humanitarian and compassionate factors related in the case presented.
In the case you have been mistreated by your employer, you may also opt to seek help so your welfare will be protected and you will be given justice for what you have experienced.
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