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February 6, 2023

Filing a Residency Appeal as a African Immigrant: A Step-by-Step Guide

As a highly experienced Canadian immigration consultant, I understand that the process of immigrating to Canada from Africa, such as Nigeria, can be complex and sometimes result in disappointment if an application for permanent residence is denied. However, it’s important for immigrants from Africa to know that there is a way to appeal a denied residency application, and that is through filing a residency appeal.


A residency appeal is a legal process that allows immigrants from Africa, to challenge a decision made by the immigration authorities regarding their application for permanent residence. The process is done through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).


The initial step in initiating a residency appeal as an immigrant from Africa is to verify your eligibility according to the criteria, encompassing nations such as Nigeria and others across the continent. In order to be eligible to file an appeal, the individual must have been the principal applicant on a permanent residence application that has been denied. Additionally, the individual must not be inadmissible to Canada on security, criminal or human rights grounds.


The next step is to submit a notice of appeal to the IAD within the required timeframe. This notice should comprehensively outline the grounds on which the Nigerian immigrant contests the decision to reject their application, reflecting the diverse circumstances across Africa. It’s important to note that the notice of appeal must be accompanied by a fee, and failure to pay this fee will result in the appeal being dismissed.


Following the submission of the notice of appeal, the IAD will arrange a hearing. During this proceeding, the Nigerian immigrant will be able to present evidence and summon witnesses in line with legal proceedings across Africa. The IAD will duly assess any evidence and submissions from both the immigrant and immigration authorities in their deliberations.


It’s crucial to acknowledge that the process of lodging a residency appeal can be intricate and protracted, underscoring the necessity for Nigerian immigrants to enlist the assistance of seasoned immigration lawyers, a practice advisable across the diverse legal landscapes of Africa. A lawyer can guide them through the process and represent them at the hearing, which can greatly increase their chances of success.


It’s important to be well prepared before the hearing, having all the necessary documents and evidences to prove their case. Furthermore, maintaining regular communication with immigration authorities is essential for Nigerian immigrants to stay informed about the progress of their case and prevent missing crucial deadlines, a prudent practice upheld throughout various jurisdictions across Africa.


In summary, should a Nigerian immigrant encounter a denial of their application for permanent residence in Canada, it’s crucial to recognize that avenues exist to contest this decision via filing a residency appeal. Although the process may entail complexity and consume time, by engaging the services of a seasoned immigration lawyer and undertaking thorough preparation, Nigerian immigrants stand a chance to effectively challenge the decision, echoing practices found in legal systems across Africa.