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Immigration Enquiry

Visa refusals / Appeal

Bilimoria & Associate receives many enquiries from applicants on their refused applications for us to guide them to reapply for their permanent residence visa to Canada. We help those whose application has been refused by the Canadian Immigration department.
Our Senior Barrister, who is Member of Law Society of Upper Canada and Canadian Bar Association (Immigration section) (CPTLS) needs to first study the refused application to see if our company can assist an application which has been refused to be reviewed  and to advise the applicant if it is worth going fro an appeal, based on the negative decision received.  
An applicant can fall outside the delays which are imposed by the Immigration Act and the Federal Court Trial Decision rules governing the judicial review process. If the Canada Immigration department advises the applicant that your application for Canadian immigration is refused, you may be eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal letter issued  by Canada Immigration.  
An applicant may be eligible to Appeal for  Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of  time after the application was refused by Canada Immigration. 
An application may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified. It depends on a number of factors such as the nature of the case, or if  it is a Skilled Worker Application, Canadian Sponsorship Application or Canadian Work Visa refusal.  It also depends on where the Canadian immigration application was filed and processed.  Canadian immigration applications are  filed within Canada or at a Canadian Consulate or Embassy outside of Canada. 
Generally refusals for Canadian immigration applications do not just happen. When applications for Canadian immigration are submitted to Canadian immigration department, an immigration officer is responsible for reviewing the application and making a right assessment about whether the application should be approved or denied. The immigration officer has guidelines for making decisions on an application that has been lodged for a particular type of visa. 
When an application do not meet the various standards and criteria set out in the Immigration Regulations and Manuals, thus an application receives a letter of  refusal.  The Immigration department  often is too strict in their interpretation of the guidelines or they are not justified with  all the documentation and information in an application that was presented. Sometimes applicants are called for a personal interview and the immigration officer does not believe the applicant is credible or trustworthy and thus can be refused.  
Our Senior Barrister, who is Member of Law Society of Upper Canada and Canadian Bar Association (Immigration section) (CPTLS) can provide written submissions which sometimes have the effect of provoking a new decision, this comfort becomes more difficult when a refused applicant allows a significant period of time to elapse before taking action or has already received a written explanation from the visa office. 
Whatever the reason for the refusal, it is important to act very quickly once you are notified that your case was denied. An applicant must then seek out a qualified and experienced Canadian immigration lawyer who is licensed as above. If your case has merit, then we as a Consultant will be happy to analyse and  study your application, understand if it has the merits to represent your  application to the concerning  department.
In order to assess an application it is advisable to maintain copies of all documentation in support of an application including application forms; reconstruct a summary of the interview and exchange of communication between the interviewing officer and applicant; and retain counsel at the earliest opportunity possible following the unfavorable decision. 
Quite often in the case of negative decisions arising from an assessment of an independent applicant, the evaluation of alternative occupations inherent in an applicant's work experience, which would be lacking.  In most cases, an effective submission to the visa office raising instances of irregularities in the assessment process will often be corrected, thus avoiding the need to avail the use of the judicial system. 
We will be happy to assist a refused application provided we find that the application has the merits for us to represent your application based on the negative decision received by you from the Immigration department. Our senior is Member of Law Society of Upper Canada and Canadian Bar Association (Immigration section) (CPTLS)  qualified Canadian immigration lawyer should be able to assess your immigration application refusal.  There are many issues involved in properly handling a Canadian immigration refusal. 
We will advise you if you have the eligibility to appeal on the refusal you have obtained.  We will also advise what procedure is involved in filing and processing the Immigration appeal and what are the steps to be taken.  We can also let you know the time process that will be taken for this process and when you can expect a result and if you have the option to succeed in Immigration Appeal.
Refusal of Application for Temporary Resident Visa for Canada 
An application can be accepted or refused at the respective High Commission where your application will be processed.   A case officer after reviewing your application for a temporary resident visa for Canada may decide that an interview  would be required on  your application  and an applicant will be notified of the time and place, where you will be called for an interview.
If an application for a temporary resident visa is turned down,  the documents will be returned to the applicant.  The applicant  will also be given an explanation of why the application was refused. There is no formal appeal process if your application is refused. You can apply again, including any documents or information that may have been missing from the first application. There is no point in applying again unless your situation has changed or you include new information or there is a change in the purpose of your visit, as your application would most likely be refused again.
If your application is accepted, your passport and documents will be returned to you, along with your temporary resident visa.
Our Senior Barrister, who is Member of Law Society of Upper Canada and Canadian Bar Association (Immigration section) (CPTLS) can provide written submissions which sometimes have the effect of provoking a new decision, this comfort becomes more difficult when a refused applicant allows a significant period of time to elapse before taking action or has already received a written explanation from the visa office. 
We will be happy to assist your application, if your application has the merits for us to represent your application based on the negative decision received by the Immigration department.  A qualified Canadian immigration lawyer should be able to assess your immigration application refusal.  There are many issues involved in properly handling a Canadian immigration refusal.  We will advise you if you have the eligibility to Appeal on the refusal you have obtained.

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