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February 6, 2023

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

As a highly experienced Canadian immigration consultant, I understand that the process of immigrating to Canada as a Nigerian can be complex and can sometimes result in disappointment if an application for permanent residence is denied. However, it’s important for Nigerian immigrants 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 Nigerian immigrants 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 first step in filing a residency appeal as a Nigerian immigrant is to ensure that you meet the eligibility criteria. 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 must include a detailed explanation of the reasons why the Nigerian immigrant believes the decision to deny their application was incorrect. 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.


Once the notice of appeal has been submitted, the IAD will schedule a hearing. At the hearing, the Nigerian immigrant will have the opportunity to present evidence and call witnesses to support their case. The IAD will also consider any evidence and submissions made by the immigration authorities in their decision-making process.


It’s important to note that the process of filing a residency appeal can be complex and time-consuming, and it’s highly recommended that Nigerian immigrants seek the help of an experienced immigration lawyer. 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. Also, it’s important for Nigerian Immigrants to stay in contact with the immigration authorities to know the status of their case and avoid missing deadlines.


In conclusion, if a Nigerian immigrant’s application for permanent residence in Canada has been denied, it’s important to know that there is a way to challenge that decision through filing a residency appeal. While the process can be complex and time-consuming, with the help of an experienced immigration lawyer and proper preparation, Nigerian Immigrants may be able to successfully overturn the decision and achieve their goal of immigrating to Canada.