Appeals

You must first determine if your case has merit to appeal.  In most cases, you must show that the Officer or tribunal who decided your case did so without providing proper reasons and without looking at the facts correctly, making mistakes in law or fact.

Most negative immigration decisions can be appealed to a higher court. These appeals will be to either the Federal Court of Canada or to the Immigration Appeal Division (IAD).

judge gavel and legal books

Appeals to the Federal Court are typically appeals of IAD dismissals, refusal of skilled workers,inland spousal sponsorship refusals, post graduate work program, student visas, citizenship applications and refugee claims.

Appeals to the IAD are typically spousal sponsorship refusals, residency requirements and deportation orders.   For most refugee claims the appeal is usually to the Refugee Appeal Division (RAD).

If you are appealing to the Federal Court the first step is to file an Application for Leave and for Judicial Review.  For any cases within Canada, this must be done within 15 days of receiving the decision. Outside Canada you have 60 days to file.  Citizenship cases must be filed within 30 days.  After filing the Application for Leave and for Judicial Review, you have 30 days to file the Applicants Record (aka argument).  It will take about 3 months to receive a decision on whether leave is granted.  If leave is granted, it will usually be scheduled within 3-4 months.  If you succeed in Court, your case will be referred back to a different immigration officer who will reassess your application.

If you are appealing to the IAD you must file a Notice of Appeal within 30 days of receiving notice of your decision.  When your case is ready to be scheduled anywhere from 12-18 months, it will be referred to either the Alternative Dispute Resolution (ADR) or a full hearing.  If you are successful at ADR your case will be referred back to the Officer for processing.  If not, your case will be set for a full hearing.  If you are successful at the hearing, your case will be referred back to the Officer for processing.  If refused, this decision can be appealed to the Federal Court.

If you are appealing to the RAD you must file a notice of appeal within 15 days from when you received the decision. A decision usually takes 2-3 months in which your case will either be rejected or accepted. If you receive a positive answer, you will either be given a new hearing or your claim will be accepted.  If refused, this can be appealed to the Federal Court, which must be done within 15 days.

Let us help you!  Call us at 416-231-9188

We specialize in:

Appeals to Federal Court (Judicial Review) most negative decisions, such as:

  • refused study permits
  • refused work permits
  • refused visitors visas
  • refused permanent residence
  • refused immigration appeal decisions
  • refused citizenship

Deportation and/or Removal orders

  • Deferral Requests
  • Stay motions
  • Refugee Appeal Division/

Immigration Appeal Division (IAD)

  • refused overseas sponsorship
  • revoked permanent residence
  • Immigration Division (ID)

Contact us if you assistance with:

  • Admissibility Hearings
  • Refugee Claims
  • Humanitarian and compassionate applications
  • Sponsorship applications
  • Detention Reviews

Let us help you!  Call us at 416-231-9188

© Copyright 2023 Gertler Law Office | All Rights Reserved.