Despite your best efforts, your application may be denied. In these cases, you have a number of options to appeal or request a review depending on what status you were originally applying for.

Appealing a Permanent Residence Decision

If your application for sponsorship is denied you may have the right to appeal the decision and receive a hearing. These cases are heard by the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. During the appeal witnesses can be called, the new evidence can be introduced, and you can testify in support of your appeal

Decisions to revoke permanent residency on grounds of failing to meet the physical residency requirement or the acquisition of some criminal conviction can also be appealed to the IAD.

Federal Court Judicial Review

In cases where immigration, refugee, or citizenship application is denied, you may be able to file a judicial review with the Federal Court of Canada. The process of reviewing decisions in the Federal Court decision is usually based solely on the original information provided to support the original application. In only limited circumstances can new information be introduced. In addition, the Federal Court has strict timelines that must be adhered to. Only a lawyer may file for judicial review in the Federal Court and be represent you in Federal Court proceedings. Immigration consultants and other legal advisors cannot present your case.

Skilled Immigration Lawyers Can Make The Difference

At Kaminker & Associates, we have experience presenting difficult and complex cases in the Federal Court of Canada for judicial review or appealing a permanent residence decision in front of the IAD.

Our team of dedicated immigration lawyers in Toronto, Ontario has a deep understanding of how to present your case most effectively, giving you the best chance of a positive result. We will work directly with you throughout your case and provide personalized assistance that is most relevant to your case and unique situation.


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