Administrative Appeals Tribunal Application
It sounds very traumatic if your Canadian visa has recently refused or rejected! but the humanize and civilise country like Canada gives the right of appeal to both citizens or non- citizens.
Visa refusal appeal procedure for non-citizen and citizens are separate. A citizen can file the visa refusal appeal in the tribunal while a non –citizen can file the visa appeal in the federal Court of Canada. The tribunals have powers to overturn the visa refusal decision of an officer and make a new decision ,while the Federal court can only quash the visa refusal decision and send the matter back to another officer for re-determination.
Time limit for Appeal
From the day an applicant received the Canada visa refusal decision, the applicant must challenge the negative decision within a time period of 60 days for Federal Court appeals and 15 days for tribunal appeals .If the applicant is within Canada, The Federal Court appeal must be filed within 30 days.
Writs against Visa delays
Any unreasonable delays in visas can be challenged through a writ called Writ of Mandamus in the federal Court of Canada .Remember ,that the delay must be an unreasonable delay and not merely a delay .An unreasonable delay is a delay which occurred due to a visa officer’s unexplained lethargy and not due to applicants indolence .Normally if an application takes 3 years of processing time and the visa officer has delayed deciding a case for 5 years ,without explaining the reasons for delay ,the courts have found it to be an unreasonable delay.
No Consultancy Fee
Under certain circumstances, the Hillfield Canadian Immigration Services waives off fees for some Canadian Immigration Services
We provide the following Canadian immigration-related services to individuals affected by natural disasters, floods, and other catastrophes on a free of charge basis:
- Legal advice about Citizenship and Immigration Canada’s relief initiatives, i.e. how victims and their families can benefit from these initiatives.
- Guidance for completion of Family Class sponsorship applications under the Citizenship and Immigration Canada’s expedited processing initiatives for the disaster-affected areas.
- For disaster-affected individuals and their families to communicate with Citizenship and Immigration Canada and other related Government of Canada relief agencies.
- Involvement with Canadian community organizations to support their disaster relief efforts.