Federal Court Appeals
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 to appeal to the Federal Court of Canada 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 process of appealing to the Federal Court has two stages:
1) The first step is to file an Application for Leave and for Judicial Review. It means that a request to the Federal Court to have a judicial review hearing has been made. At this stage it is crucial to follow the deadlines.
2) If the permission is given or “leave granted”, the Federal Court will schedule the date for the Judicial Review hearing.
Compared to IAD appeals which are concerned with getting the right decision, judicial review is concerned with the manner in which a decision was arrived at and whether or not the rules and resolutions were followed. For instance, a judge may not agree with the officer’s decision but as long as the decision was reasonable, the application for judicial review will likely be dismissed.
More information:
- Reasons and Grounds for Federal Court Appeals
- Federal Appeal Deadlines
- The Difference between IAD and Federal Court Appeals