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Showing posts from November, 2017

Immigration Appeals

Filipiniana News – November 2017 Immigration Appeals The first question that is often asked by someone who had just received an immigration application refusal is: can we file an appeal?    Many are surprised or disappointed to learn that the answer is not a simple yes or no.      First, an appeal in the immigration context has a specific technical 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 other instances, a negative immigration decision may be elevated to the Federal Court via an application for leave and judicial rev