A Canadian Citizen or Permanent Resident of Canada has a right to appeal a refusal of their application for permanent residence, sponsorship application, under the family class. In certain circumstances the person may not have a right of appeal if:
- There were a determination that the sponsored person is inadmissible to Canada due to serious criminality, organized criminality, violating human or international rights or security grounds or for misrepresenting;
- The person sponsoring a family member withdrew their application
In certain case although a person does not meet the requirements under the legislation or regulations they can still seek an exemption based on humanitarian and compassionate considerations. It is important to note that if a person is determined not to be a member of the family class relief under Humanitarian and Compassionate grounds cannot be raised.
Individuals who have been refused their application for permanent residence under the family class (outside of Canada decision) can seek an appeal within thirty days of receiving the refusal letter at the Immigration Appeal Division.
If you are contemplating appealing your matter to the Immigration Appeal Division and you require assistance you may want to book paid consultation with us.
Please note that this is general Information and should not be construed as legal advice.