The Federal Court appeal is an opportunity to challenge a refused immigration application. If you have received a negative decision from Citizenship and Immigration Canada (CIC) or the Immigration Appeal Division (IAD) has refused your appeal, you may be able to apply to the Federal Court for leave and for Judicial Review.

The types of cases eligible for the Federal Court Appeal include:

• Work and Study Permit Refusals
• Citizenship Application Refusals
• Inland Spousal Sponsorship Refusals
• Permanent Residency Refusals
• Some Failed Refugee Claims
• IAD Refusals
• Humanitarian & Compassionate Cases
• Some Deportation Orders

The reasons for the refusal vary with the case. The decisions from immigration officers within Canada are usually detailed while overseas decisions are often lack of information what makes it difficult to understand the reasons for a refusal.

Federal Court Appeal Deadlines

1) To file an Application for Judicial Review:

• For cases within Canada: within 15 days of receiving the decision;
• For cases outside Canada: within 60 days of receiving the decision;
• For citizenship cases: within 30 days of receiving the decision.

2) To file the Applicants Record (‘aka argument’) or Judicial Review:

• It must be filed within 30 days after filing the Application for Leave. If reasons were not provided, the Court will allow 40 days from when reasons were received.

Discover more information concerning applying for the judicial review to the Federal Court.

How long does it take for the Federal Court to render a decision?

The Federal Court usually processes the decision on whether the leave is granted on an average of 3 months after Applicant’s Record is filed.

Federal Court appeal gives you the option to apply for leave for judicial review of your case. If the Court finds the errors in the decision of your case, it will be referred back for reassessment. If the errors were not identified by the Court, you have to leave Canada within 30 days.