DIRECTOR & R.C.I.C.
Rejections, Refusal, Deportations & Appeals
Canada has a comprehensive immigration system that aims to attract skilled immigrants and provide them with opportunities to contribute to the country’s economy and society. However, like any other immigration system, Canada’s system also involves rejections, refusals, deportations, and appeals. Rejections, refusals, deportations, and appeals are all legal processes that involve denying someone entry, permission, or status in a country.
Here is some information about these processes:
Rejections:
When an immigration application is rejected, it means that the application did not meet the eligibility criteria or the requirements specified by the immigration authorities. In Canada, immigration applications can be rejected for various reasons, including criminality, misrepresentation, medical inadmissibility, and not meeting the language proficiency or education requirements. In some cases, applicants may have the option to reapply or appeal the decision.
Refusals:
A refusal is similar to a rejection, but it typically applies to temporary visa applications, such as visitor visas or study permits. A refusal means that the applicant did not meet the requirements for the particular visa they applied for, and they are not allowed to enter Canada under that visa category. Like rejections, applicants may have the option to reapply or appeal a refusal decision.
Deportations:
A deportation occurs when someone who is not a Canadian citizen or permanent resident is ordered to leave Canada and return to their home country. Deportations can happen for various reasons, including criminality, misrepresentation, and overstaying a visa. Deportation orders are issued by the Canada Border Services Agency (CBSA), and individuals who are subject to a deportation order may have the option to appeal the decision.
Appeals:
When an immigration application is rejected or a deportation order is issued, the applicant may have the option to appeal the decision to the Immigration Appeal Division (IAD) or the Federal Court of Canada. The appeals process can be lengthy and complex, and it is important to seek legal advice if you are considering appealing an immigration decision.
Overall, the Canadian immigration system strives to be fair and transparent, but like any system, it is not perfect, and mistakes can happen. It is important to understand your rights and options if you are facing a rejection, refusal, or deportation.
It is important to note that while authorized representatives can assist with immigration matters, they cannot guarantee that an application will be successful. The final decision on an application is made by Immigration, Refugees and Citizenship Canada (IRCC).
Individuals who are interested in using the services of an authorized representative should ensure that the representative is authorized by the ICCRC or a Canadian law society. It is also important to do research on the representative’s experience and reputation before hiring them.
Authorized Immigration Consultant
FAQs
A rejection occurs when an application for Canadian immigration is denied. This can happen for a variety of reasons, such as an applicant not meeting the eligibility requirements, providing incomplete or inaccurate information, or failing to meet certain medical or security standards.
A refusal is another term for a rejection in Canadian immigration. It means that an application for Canadian immigration has been denied for one or more reasons.
Deportation is the process of forcibly removing a person from Canada because they are in violation of Canadian immigration laws. This can happen if a person has overstayed their visa or work permit, committed a serious crime, or provided false information on their immigration application.
Yes, in some cases, you can appeal a rejection or refusal in Canadian immigration. However, the appeal process can be complex, and it is important to seek the advice of a qualified immigration lawyer or consultant to determine if an appeal is possible and the best course of action.
The grounds for appeal in Canadian immigration depend on the specific circumstances of the case. In general, appeals can be based on errors in law or fact, procedural unfairness, or humanitarian and compassionate considerations.
The deadline for filing an appeal in Canadian immigration varies depending on the specific circumstances of the case. In some cases, the deadline may be as short as 15 days, while in others, it may be several months. It is important to seek the advice of a qualified immigration lawyer or consultant to determine the deadline for your specific case.
In some cases, you may be allowed to stay in Canada while your appeal is being processed. However, this will depend on the specific circumstances of your case, and it is important to seek the advice of a qualified immigration lawyer or consultant to determine if you are eligible for a stay of removal.
If your appeal is unsuccessful, you may have the option to file a judicial review application to the Federal Court of Canada. This is a complex and time-sensitive process, and it is important to seek the advice of a qualified immigration lawyer or consultant if you are considering filing a judicial review application.
Yes, in most cases, you can reapply for Canadian immigration after a rejection or refusal. However, it is important to address the issues that led to the rejection or refusal in your new application, and to seek the advice of a qualified immigration lawyer or consultant to ensure that your new application is strong and complete.