Appeal against the decision of the Immigration Department
Can people applying for temporary residence visas such as tourist or study visas or permanent residence visas such as Express Entry immigration programs appeal if their application is rejected?
In general, it is not possible to appeal about the types of temporary visas such as tourist visas, student visas or work visas, as well as permanent residence visas through various immigration programs. To clarify the issue, we must specify the difference between the two legal processes below.
1. Appeal:
Appealing is a process in which a person who has a permanent residence status can protest and request an appeal against the decision of the Immigration Department expert. The cases that include this issue include the rejection of the sponsor’s request for sponsorship.sponsorship(a family member, rejecting the request to extend the permanent residence card or issuing a travel card)travel document) if the person is outside of Canada and his residence card has expired, and the removal order of the person who is in Canada and has permanent residence.
2. Request for judicial review:
The judicial review process involves asking a federal court to review the reasonableness of an immigration expert’s decision. Rationality is one of the legal principles that oversees the decision-making process, that is, the materials and conditions of the decision and its effects and results should be considered when making a decision.
Now, after familiarizing with these two legal processes, it is easy to say that people who do not have permanent residence and who apply for a temporary visa (such as study, work, tourist…) or permanent residence through immigration programs such as specialized labor, program commercial, etc., and their application is rejected by the Immigration Department expert, they can request judicial supervision by the Federal Court. For this, the following conditions must be met.
- There must be reasonable reasons and documentation for the irrationality of the decision.
- The follow-up should be entrusted to a lawyer in Canada.
- First, permission for judicial supervision should be obtained from the federal court
- If the federal court agrees to the request for judicial supervision, the request should be submitted and followed up by a lawyer.
But the easier way is for the person to apply again so that, if possible, the visa application or the applicant’s file will be reviewed by one of the other experts of the Immigration Department.
