Immigration Rejection Appeal

Immigration Rejection Appeal
Name
Institution

Immigration Rejection Appeal
The Immigration, Refugees and Citizenship Canada (IRCC) may decide to reject your immigration application because of various reasons. Sometimes the mistakes made by the immigration officers themselves may lead to the rejection. If you think the decision was wrong, you have an option to challenge it at the Federal Court of Canada (Legal Line, 2018). There is a timeline of 15 days within which you will be allowed to file your appeal if the decision was made within Canada. However, if the application was rejected outside Canada, the deadline provided is 60 days.
There are two main steps to be followed when appealing to the Federal Court. The initial step is to apply for leave to seek judicial review. This stage will not require you to appear at the court physically. To get to the next level, you must succeed in getting leave. The threshold for this is to prove that there was a grave mistake made while reviewing your immigration application (Hogg, 2013). If the court finds your case to be strong enough, you will be granted leave and the hearing of your case set to commence. On the other hand, if your argument is weak, then you will not be given leave, and therefore no hearing will be held.
The respondent, who in this case is the Citizenship and Immigration Canada, will confirm their appearance at the court to oppose your appeal. You will then receive relevant documents including your interview with the immigration officer that was fed into the government computer.

After reviewing these documents, you will be required to file your side of the story including your arguments, the law supporting these arguments and other relevant documents.
The final step will now require you or your lawyer to appear in court for the hearing to take place physically. The federal judge will then make a judgment concerning the fairness of the decision and whether the rejection was reasonable considering the available evidence (Hogg, 2013). The judge may decide that the decision was unlawfully made. In this scenario, the case will be sent back to a different decision-maker to re-decide it. On the other hand, if the appeal is denied, you will lose your permanent resident status and be forced to move out of Canada within 30 days.
 

Reference
Hogg, P. W. (2013). Constitutional law of Canada. Thomson Carswell.
Legal Line. (2018). Appealing an immigration decision – Legal Line. Legal Line. Retrieved from http://www.legalline.ca/legal-answers/appealing-an-immigration-decision/