Family sponsorship has been identified as one of the major steps towards reuniting loved ones to Canada. Rejection is a very uncomfortable and harmful experience. Being aware of the appeal process, and what you can do to appeal a refusal, is important to anyone dealing with Canadian immigration law. This may seem to be a complex process but you can raise your chances of successful appeal by planning and learning about your rights extensively.
Getting to Know the Reasons behind the Refusal
The initial step when seeking to appeal against a rejected family sponsorship application is to know the reasons why the application was rejected. Canadian immigration authorities usually include a comprehensive description of the exact problems or the information unavailable that contributed to the refusal. Some of the most common causes are that they must not satisfy financial requirements, lack adequate evidence of the relationship, and that they are not fully documented. When the refusal letter has been reviewed, it can also be used to determine the areas that require action in the appeal process.
It should also be noted that every refusal case is distinctive and the causes can be a combination of factors. Meeting with an immigration lawyer Toronto might be of help in understanding what the refusal letter means and how to read it properly. A legal expert will be able to provide advice on the likelihood of overturning the reasons behind the refusal and help you to obtain the evidence that will prove the appeal.
Developing the Submission of Appeals
After a clear understanding of the refusal, the next thing that you can do is to prepare the appeal submission. This includes the assembly of all the necessary documents and the discussion of the exact issues expressed by the immigration officers. The evidence can be financial records and even photographs, correspondence, or affidavits that help substantiate the validity of your connection with the sponsored family member. The more comprehensive and structured the appeal is, the more chances it has to be successful.
Deadlines are also important to consider. Immigration submissions in Canada should be done within a given time frame which is usually 30 days after the date of refusal. Failure to do so before this deadline might lead to automatic dismissal of the appeal. The best way to prepare the submission is by hiring an immigration lawyer Toronto because he or she will make sure that all the required documents are provided and that all the due dates are met.
Filing the Appeal
This is done through the presentation of the documentation to the respective Canadian immigration authority. Depending on the nature of the refusal, the appeal can be requested either at the Immigration Appeal Division of the Immigration and Refugee Board of Canada or at a court review at the Federal Court. It is also necessary to know the correct procedure and ensure that the appeal is sent to the appropriate body in order to prevent delays and other complications.
During filing, he/she must maintain proper contact with the immigration authorities and act on any instruction by the immigration authority to provide further information. When a timely appeal is well written it shows your sincerity in abiding by the refusal and it will have an impact. An immigration lawyer in Toronto will assist in the legal consultation, as well as negotiate some of the paperwork details and be confident in how to file.
Attending the Hearing
In most instances, an appeal can involve being in a hearing where an immigration officer will go through the case personally. You can prepare for the hearing by knowing the most important details of your appeal and being able to present them clearly and concisely. A good presentation of your case, including pointing out such evidence, might go a long way in influencing the officer.
One should also be professional and focused during the hearing. You should avoid emotional arguments and focus on the facts that explain the reasons why the refusal has taken place. The representation or advice offered by an immigration lawyer Toronto can help present your case in the most competent fashion, so that your appeal can be as well conveyed as possible.
Making an appeal against a rejected family sponsorship application is not an easy task, but by means of proper planning and effective advice it is quite possible to score a success. It is important to understand why the refusal occurred, to prepare a comprehensive appeal paper, file it properly and effectively present it at the hearing. By enlisting the services of an immigration lawyer, you are likely to have a better chance of winning because this professional is likely to offer you the best tips and guidance during the process. Through determination and strategy, families can go through the appeals system and make their way back to Canada.
