Immigration Appeals
If your immigration application (such as for permanent residence, refugee status, or temporary resident visas) has been refused, you may be eligible to appeal the decision. Immigration appeals can be filed with the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
Common reasons for an appeal include:
The appeal process allows you to present new evidence, challenge the legal reasoning behind the decision, and argue that the decision was incorrect or unreasonable. The IAD has the authority to overturn or vary the original decision, allowing you to remain in Canada or proceed with your immigration application.
Judicial Review
In some cases, if your appeal is denied or if no appeal process is available, you can seek a judicial review of the decision. Judicial review involves asking the Federal Court of Canada to assess the legality and fairness of the decision made by immigration authorities. This process does not reconsider the facts of the case but examines whether the decision was made in accordance with the law, based on reasonable grounds, and free from any errors of law, procedural unfairness, or unreasonable delays.
Grounds for judicial review may include:
A judicial review application must be filed within 15 days of receiving a decision, so timing is crucial. If successful, the Federal Court can send the case back for reconsideration, or in some cases, order a new decision.
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