Denial assistance and appeals are two different things when it comes to Canadian immigration.
Denial assistance is a service that The Arise Team offers, as immigration consultants and lawyers, to help applicants who have received a refusal to their application. Denial assistance may involve reviewing the application to identify any errors or deficiencies and offering advice on how to address them. The goal of denial assistance is to help applicants improve their application and increase their chances of success if they choose to reapply.
On the other hand, an appeal is a formal process that allows applicants to challenge a refusal decision through a specific appeals process. This process involves presenting legal arguments and evidence to an independent decision-maker or tribunal, such as the Immigration Appeal Division or the Federal Court of Canada. The goal of an appeal is to overturn the refusal decision and obtain a positive outcome for the applicant.
It's important to note that not all refusals are appealable, and not all applicants will be successful in an appeal. Denial assistance can be a helpful first step for applicants who want to improve their chances of success, but for those who have received a refusal that is eligible for appeal, it may be necessary to pursue the appeal process to challenge the decision.
The denial assistance process is heavily dependant on the experience and expertise of the professionals that are consulting on your case, and typically involves the following steps:
The first step in denial assistance is to review the refusal letter that was received from the Canadian immigration authorities. The consultant or lawyer will examine the letter to understand the reasons for the refusal and identify any errors or deficiencies in the application.
Once the reasons for the refusal have been identified, the consultant or lawyer will discuss the available options with the applicant. Depending on the circumstances, the applicant may have the option of reapplying with additional documentation or evidence, appealing the decision, or pursuing alternative immigration pathways.
If the decision is made to reapply, the consultant or lawyer will work with the applicant to collect any additional evidence or documentation that may strengthen their case. This may involve obtaining reference letters, educational credentials, or work experience documentation.
Based on the information gathered, the consultant or lawyer will prepare a new application that addresses the deficiencies identified in the previous application. The application will be carefully reviewed to ensure that it meets the requirements and guidelines of the Canadian immigration authorities.
Once the new application is ready, the consultant or lawyer will submit it to the appropriate Canadian immigration office. They will monitor the progress of the application and provide updates to the applicant as needed.
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If an application for Canadian immigration is refused, there are usually options for appeal or reconsideration. The specific appeal process will depend on the type of application and the reason for refusal. Here are some general guidelines:
In some cases, applicants may be eligible for an administrative review of their application. This is a relatively quick and simple process in which the application is reviewed by a different officer or supervisor to ensure that all relevant information was considered and that the decision was reasonable. The administrative review process is available for certain types of applications, such as study permits, work permits, and visitor visas.
For applications that are refused on humanitarian and compassionate grounds, or for certain types of refugee claims, applicants may have the option to appeal the decision to the IAD. This is an independent tribunal that reviews the decision and may overturn it if it determines that the decision was unreasonable or that the applicant's circumstances have changed since the original decision.
In some cases, applicants may seek a judicial review of the decision through the Federal Court of Canada. This is a more formal and complex process that involves presenting legal arguments to a judge. Judicial review is generally only available if there is a legal error in the decision-making process or if the decision was clearly unreasonable.
It's most important here to note that the appeal process can be very complex and time-consuming, and there are strict deadlines for filing appeals and reviews. It's always a good idea to consult with an immigration lawyer or registered professional like us for guidance on the process and to ensure that all relevant information and documentation is provided in a timely and effective manner.
Only authorized representatives can represent you in immigration matters for the following tribunals:
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