Legal definition Appeal

Immigration appeal is a recourse aimed at challenging decisions deemed unfavorable by immigration authorities. It provides an opportunity to have the case re-evaluated by a higher authority to correct any potential errors in judgment. Applicants may appeal within a limited timeframe after receiving an unfavorable decision, but procedures may vary by country.

To secure a fair appellate judgment, applicants must approach the appropriate authority and strictly adhere to the protocol. As each country has its own immigration system, it is wiser to seek assistance from an immigration lawyer to support one’s case. In the United States, the appeals process involves administrative or judicial procedures. Applicants typically have 30 days from the receipt of the unfavorable decision to lodge an appeal, addressing either the Administrative Appeals Office or the Board of Immigration Appeals, or the Immigration Appeals Tribunal.

In immigration, the rights of appeal in case of refusal are quite limited since not all decisions made by authorities are contestable. Depending on the immigration policy of the host country, applicants may only appeal on specific legal grounds such as human rights, international protection under the Geneva Convention, or rules of international law. They can initiate the procedure only in the event of a breach of one of these legal principles.

Decisions from immigration services that can be contested through the appeals process include :

• Refusal of visa or residence permit : If a visa or residence permit application is denied, the applicant may have the right to appeal this decision. This could be due to various reasons such as missing documents, unmet criteria, or security concerns.
• Refusal of permanent resident status : If an application for permanent resident status is denied, the applicant can appeal this decision. Reasons for refusal may include criminal records, health issues, or concerns about the validity of marriage in cases of spousal sponsorship.
• Deportation or visa renewal refusal : If a person faces deportation or refusal of visa renewal, they may have the right to appeal this decision. This could be due to immigration law violations, visa condition breaches, or other reasons.
• Rejected asylum application : If an asylum application is rejected, the applicant can appeal this decision. Reasons for rejection may include doubts about the credibility of the asylum claim, gaps in presented evidence, or conflicting security assessments.
• Cancellation of permanent residence : If permanent resident status is revoked due to reasons such as fraud, failure to meet residency conditions, or criminal activity, the affected person can appeal this decision.

Etymology of Appeal

The word “appeal” finds its roots in the Latin term “appellare,” which means “to address” or “to call upon.” In legal contexts, an appeal refers to the process by which one addresses a higher authority to review a decision made by a lower court or administrative body. In immigration, this notion underscores one aspect of legal remedies. It involves formally requesting a higher authority to reconsider or review a decision made by a lower authority.