Don’t be distress if your Canadian Citizenship being Refused- You can Appeal the decision

Any immigrant who moved to another country always had citizenship is in his mind. Being it refused is very much shattering for a person but if luck and time both are on your side, you can appeal the refusal decision in 30 days of application refusal. So Don’t be distress if your Canadian Citizenship being Refused- You can Appeal the decision.

Canadian Citizenship being Refused- You can Appeal the decision 

Ways to file Appeal the citizenship refusal- 

• You can appeal the decision to the Immigration Adjudication Division (IAD).
• You can appeal the decision to the Federal Court of Canada (FCC).

Appeal made through Immigration Adjudication Division (IAD)-

IAD handles two type of cases one is related to family sponsorship and other is related to residency issues-

1. Family sponsorship refusal cases-

IAD deals with family sponsorship and the issues related to it like spouse visa got refused or visa for any member of the family get refused. Case hearing through IAD is a bit simpler as you can present your case all new which means if you previously while submitting the application forgot to mention or attach some documents, you can present them now. You can too ask for consideration on Humanitarian grounds.

Procedure to be followed while appealing to IAD-

• After the refusal sponsor will get 30 days window to appeal and file the appeal.
• IAD will consider the case and act upon it. Meanwhile, you can prepare your documents.
• After taking the case into consideration, IAD will decide whether to take up the case or not.
• If IAD takes up the case, you present your case and then the immigration department will decide the fate of the application.

2. Residency related obligation cases-

Breaching of the residency obligation calls for the loss of residency and the cases go with IAD. With such type of cases, you must prepare yourself with the questions such as reason of being not in the country and what will be the consequences if you lose your residency for you and your family.

Procedure to be followed for presenting an Appeal-

• On the breach of any rule related on residency obligation, the immigration department issues a letter of refusal of residency to the immigrant.
• 60 days window is given to the resident to appeal the decision.
• It is not necessary that the resident is in the country or not, IAD will continue with its hearing.
• It is all in the hands of IAD to allow or dismiss the appeal.
• If IAD allowed the appeal that means the permanent resident is retaining his status of residency.
• If IAD dismissed the appeal and the resident is in the country they will order the immediate removal.

Appeal made through Federal Court of Canada (FCC)-

FCC deals with other range of issues and only the lawyers can present your case with FCC not any of the immigration consultants. Majority of the cases related to immigration if faced a refusal are presented in front of the FCC. Refusal of the application related to the immigration in the category of skilled immigrant also presented to FCC.

FCC review process is divided into two stages-

• One stage is the initial stage in which the FCC members will decide whether the case is strong enough to proceed or not.
• The second stage is when FCC approved the appeal and now your lawyer will present your case on your behalf and will ultimately come to a conclusion is the decision by the immigration officer is wrong or right.

Note:- You will be given only 15 days window to present your case to the FCC.

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Diksha Garg

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