Q & A: Reconsideration and Appeal

CIC News
Published: May 1, 2000

Q. My application was not approved .Though I am not satisfied from the visa office. I have decided to file appeal. Can any body tell me is there are any chance of success in my application as I was awarded 68/70 points.

Answer: An appeal is not based on the score alone. Reconsideration of the score on an application may be requested but is rarely granted.

An appeal should be based on an error in law. Such an appeal must be submitted within 30 days of the receipt of the notice of refusal. The case should be examined thoroughly for adequate grounds prior to submission of an appeal.

[Comment: Once a written decision has been rendered, immigration officials are not under obligation to reconsider the case other than in the light of a new application. Prior to that, applicants should be given reasonable chance to resolve any difficulties which may result in refusal.

Appeal is a viable solution if an error in law has taken place. A rise in the number of frivolous appeals has been a factor in the drafting of Bill C-31, in which eligibility to appeal a decision must be granted.]

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