What changes are expected in the rules for filing appeals?
On January 14, 2023, new rules come into force for appeals for immigrant visas.
Everyone relied on the 2002 law for appeals. The processes have been modernized this year to ensure that appeals are handled more efficiently and fairly.
According to the law, applicants can appeal the decision in two ways:
- write an appeal to the Migration Service department that handles appeals;
- write a complaint to a federal court.
If your sponsorship is refused, you must apply to the Immigration Appeal Division (IAD) by filing a complaint and providing the necessary documents by the specified deadline. If deportation from Canada is ordered, you must also contact the IAD, file a complaint and await the outcome. Decisions by the IAD can be appealed to a federal court.
The federal court also considers complaints from immigrants if they believe that an immigration officer has unreasonably denied them an immigrant visa or refugee status.
It is important to note that an unfair decision can be reported within a certain period. The changes, which will take effect in 2023, affect the timelines for filing and responding.
- In the old rules, you had to wait 120 days for a protocol for a permanent residence or sponsorship. Next year it will be reduced to 60 days.
- Under the old version of the deportation document, you had to wait 45 days. Now it will be reduced to 30 days.
- You will have 60 days instead of 20 days to submit documents to support your appeal.
- The deadline for submitting documents that prove the right to stay in Canada has increased. It was 10 days and now it is 30 days.
- In the appeal, it is now possible to use the documents on the basis on which the investigation was conducted. Before, they were classified.
The main thing to remember is that all applicants have the right to appeal if they are sure of the legality of the actions and can prove it. A complete list of changes will be published in the coming days.
