Appealing Entry Denial with a US Visitor Visa

Yes, a visitor visa holder who is denied entry into Canada can appeal the decision under certain circumstances. Here is an overview of the process and options available:

Options After Denial of Entry

1. Request for Review:

• If you believe that the denial was due to a misunderstanding or incorrect information, you can request a review of your case by contacting the Canada Border Services Agency (CBSA) at the port of entry where the denial occurred.

• This review is informal and should be requested promptly.

2. Appealing to the Immigration and Refugee Board (IRB):

• For more formal appeals, certain cases can be taken to the Immigration and Refugee Board of Canada (IRB), specifically the Immigration Division or Immigration Appeal Division, depending on the nature of the denial.

• Typically, this route is more applicable to residency cases rather than visitor visas, but it might apply if there are extenuating circumstances or if you have a legal right to appeal.

3. Judicial Review by the Federal Court:

• If your request for review is unsuccessful, you may seek a judicial review by the Federal Court of Canada.

• You will need to file an application for leave (permission) to seek judicial review. If granted, the Federal Court will review the decision for errors in law or process.

• This is a legal process and usually requires the assistance of an immigration lawyer.

Important Considerations

• Time Sensitivity: Appeals and reviews are time-sensitive, and deadlines must be strictly adhered to.

• Legal Representation: It is advisable to seek legal assistance from an immigration lawyer or consultant who can provide guidance and representation.

• Documentation: Ensure you have all relevant documents and evidence to support your appeal or review request.

Resources

• Immigration and Refugee Board of Canada (IRB): IRB - Appeals

• Federal Court of Canada: Federal Court - Judicial Review

Each case is unique, and the likelihood of winning an appeal depends on the specific circumstances and the strength of the evidence presented. Consulting with a legal expert can significantly enhance the chances of a successful outcome.