Can I fight this in court? Can I re-apply?
You cannot “appeal” the outcome of a Humanitarian and Compassionate Application but if you think the deciding officer did not consider everything you submitted, misunderstood part of your case, or misapplied the law, then you can ask a judge to review the way the decision was made. The judge will not consider any evidence that you did not submit with your original application and will not replace his/her own opinion of the case for the officers. If it can be shown that the officer’s decision was unreasonable for one of the above reasons, the judge will order that a new decision is made, based on the same evidence, by a different officer. This process is called a Judicial Review at the Federal Court of Canada. You have 15 days from the date that you received the negative decision to start this Judicial Review process.
Alternatively, you can apply again with fresh evidence. If you have new evidence that you did not submit before but might make your case stronger, you should think about re-applying. There is no limit on the number of times you can re-apply.
You should consult an experienced immigration representative about the relevance and the weight of evidence and what route is more suitable in your circumstances. The wrong step might cost you heavily in time, expenses and missed opportunities. It is also crucial that you are aware of how your decision will impact on your status in Canada. Having received a negative decision means that you are now out of status in Canada and Canada Border Services Agency can call you in at any point to ask you to take steps to leave Canada.
