The Appeal Process
A refused Canadian immigration application can be appealed to the Immigration Appeal Division (IAD). The IAD hears sponsorship appeals, residency appeals and removal order (deportation) appeals involving permanent residents and Canadian citizens. An application for what is referred to as ‘leave’ must be made to the IAD. The application for leave takes about three to six months.
If the application is approved, your case will be addressed through a hearing. If your application is refused, you may be able to request a ‘reconsideration’.
Appealing to Canadian Courts
Any type of refusal on immigration matters may be appealed to a Canadian court, such as the Federal Court of Canada. You require the assistance of a lawyer for such appeals.
A Word on Judicial Review Appeals at the Federal Court
An immigration decision may be challenged by way of ‘Judicial Review’ in the Federal Court of Canada. For example, a decision made by an immigration officer to refuse a citizenship application is a reviewable administrative decision. This means that the Federal Court can review the decision to decide whether it was justifiable in law.
Factors Considered
Some issues that the court will consider in reviewing a decision include: whether the decision maker acted within its jurisdictional powers, whether the decision was made through procedural fairness and whether the decision was reasonable in light of the supporting evidence.
The court can decide to confirm the decision. Where the court decides that the decision was improper and unjustifiable, the case will be sent back to be re-decided by a difference decision-maker at the Immigration and Refugee Board.
Appeal Timelines
An appeal to the Federal Court must be made within strict deadlines. Generally, the timeline to appeal is 15 days for a refusal made in Canada and 60 days for a refusal made outside Canada. These short deadlines make it critical that you act promptly to preserve your appeal rights.
The Aitken Robertson Team
We represent clients at each stage of the litigation (sometimes referred to as the “appeal”) process, including at the Federal Court of Appeal, Federal Court, the Immigration Appeal Division, the Immigration Division, the Refugee Protection Division and the Refugee Appeal Division. We zealously advocate for our clients when addressing cases such as refusals, deportations, permanent residency cases, refugee matters and Canadian citizenship cases. We will review the decision make in your case and offer you a legal opinion respecting your appeal options and chances of success. Please note that all information provided by you will be kept strictly confidential.
Court Attendance
You are not required to physically be in court for a Judicial Review of the decision made in your case. Our lawyers will make all court appearances on your behalf.
