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Showing posts from April, 2017

Appealing an Immigration Refusal

Filipiniana News – April 2017 RHYME & REASON Appealing an Immigration Refusal One of the most frequent questions I am asked upon meeting a client who just received an immigration application refusal is:  can we file an appeal? The answer to this question is often not as simple and straightforward as one might expect.  First, it must be noted that an appeal in the immigration context has a specific legal meaning.  It is a right generally given only to permanent residents (PR) and which can be brought before the Immigration Appeal Division of the Immigration and Refugee Board (IRB) in specified cases.   These include family sponsorship refusals, non-fulfilment of residency obligation  and issuance of removal orders.  The only exception to the PR requirement is in the case of failed refugee claimants who may file an appeal with the Refugee Appeal Division of the IRB.  In most instances, a negative immigration decision (by an administrative decision maker) may be ele