Responding to Fairness Letters:
If a visa Officer finds a factual discrepancy in your submitted application or previously submitted application and the discrepancy raises a question on your credibility as an applicant, the visa Officer will send you a fairness letter. Responding to a fairness letter in an effective manner creates the difference between a successful and unsuccessful application. Responding in a timely manner is essential. Sound legal advice is recommended when you receive a fairness letter.
Federal Court Appeals:
The Federal Court of Canada has a wide jurisdiction in immigration matters. If your temporary visa application for example: Study permit, Visitor Visa & Work Permit is denied, the decision of the Visa Officer is appealable to the Federal Court of Canada. The decisions made by visa officer are challenged in the Federal Court generally on two grounds: Reasonableness and Violation of the principles of natural justice. The proceedings at the Federal Court of Canada start with filing of the application for leaf and judicial review. After filing the application, the applicant has 30 days to file the applicant’s record. If the Court grants the application for judicial review, then a hearing date is fixed where the applicant is granted opportunity to forward oral submissions.
Humanitarian and Compassionate Applications:
If you are a foreign national living in Canada and you believe that humanitarian and compassionate considerations justify granting an exemption from Immigration and Refugee Protection Act, you can use this application to apply for permanent residence. The HMC application should thoroughly explain your situation to decision maker, and it should be supported with evidence.tunity to forward oral submissions.
Refugee Claims:
Canada as a signatory to universal declaration of human rights and 1951 refugee convention recognises its obligations to provide asylum to those individuals who fear persecution and a threat to their life or liberty in the country of their origin. The Canadian Refugee Protection regime is based on Section 96 and Section 97 of the immigration and refugee protection act. Section 96 defines a convention refugee, and Section 97 defines a person in need a protection.
Various Stages of a Refugee Application:
1. Submitting the Basis of Claim Form (BOC):
The Basis of Claim Form is the most important document in a refugee claim. It encapsulates all the facts of the applicant and the applicant can provide relevant evidence along with Basis of Claim form. The BOC should be completed with outmost sincerity and truthfulness.
2. Hearing:
A Refugee claim is referred to refugee protection division. The member of the RPD reviews the BOC and conducts the hearing of the applicant in which the claim is questioned about the narrative contained in the BOC. A decision about the claim follows the hearing.
Appealing an Unsuccessful Refugee Claim:
If the Refugee claim is rejected by the RPD then the claimant has an option to appeal this decision to the refugee appealed division. The applicant should not miss the deadline for filing the appeal. The RAD has discretion to review the file in its totality and reach to its own decision based on facts and evidence.