Immigration appeals are a crucial legal process for individuals who have received unfavorable decisions from immigration authorities. If your application for a visa, permanent residence, or any other immigration matter has been denied, an appeal allows you to challenge the decision and seek a fair review. The appeal process provides an opportunity to present new evidence, correct errors, and potentially overturn a negative decision.

Identify the appropriate appeal process based on your situation:

• Immigration Appeal Division (IAD): If you have the right to appeal, you must file your appeal to the IAD within 30 days of receiving the decision or order you wish to challenge.

• Federal Court Judicial Review: If you do not have a right to appeal under the Immigration and Refugee Protection Act (IRPA) against the decision, you may seek a judicial review in the Federal Court. An application for leave and for judicial review must be served on the other party and filed with the Court within 15 days (for matters arising in Canada) or 60 days (for matters arising outside Canada) from when you were notified of the decision.

To initiate the appeal process, submit a Notice of Appeal to the IAD within 30 days of receiving the decision or order you wish to challenge. Ensure that your notice is complete and filed within the required time-frame to avoid dismissal of your appeal.

Gather all necessary documents and evidence to support your case. This may include legal arguments, witness statements, and any new information that could impact the outcome of your appeal. Proper preparation is key to presenting a strong case.

You may be required to attend a hearing or participate in proceedings related to your appeal. During the hearing, be prepared to present your case, answer questions from the adjudicator, and provide additional evidence as needed. Your lawyer will assist in ensuring your rights are protected and that your case is effectively presented.

After the hearing, the IAD will review your case and make a decision. Processing times can vary depending on the complexity of the appeal and the volume of cases being handled. You will be notified of the decision by mail.

Carefully review the decision letter from the RPD to understand the reasons for the rejection. This will help you identify the grounds for your appeal.

Submit a Notice of Appeal to the RAD within 15 days of receiving the RPD’s decision. Ensure that your appeal is well-documented and addresses the specific issues raised in the decision.

Prepare and gather any additional evidence or arguments to support your appeal. This may include new evidence that was not available at your original hearing.

You may be required to attend an appeal hearing before the RAD. During this hearing, you will present your case and argue why the RPD's decision should be overturned.

After the appeal hearing, the RAD will make a decision. If the appeal is successful, you will be granted refugee status. If the appeal is denied, you may have further options for recourse, including judicial review.

An Immigration Judicial Review is a legal process through which decisions made by Canadian immigration authorities, such as Immigration, Refugees and Citizenship Canada (IRCC) or the Immigration and Refugee Board (IRB), can be challenged in the Federal Court of Canada. If you believe that a decision in your immigration case was made unfairly, unlawfully, or in violation of procedural fairness, you may have the right to seek a judicial review.

You can seek a judicial review for a wide range of immigration decisions, including but not limited to:

• Refusals of visa applications (e.g., study permits, work permits, visitor visas)

• Rejections of permanent residence applications

• Negative decisions of refugee appeals

• Refusals of Humanitarian and Compassionate (H&C) applications

• Denials of in Canada sponsorship applications

• Deportation or removal orders

The first step in seeking a judicial review is to file an Application for Leave and for Judicial Review with the Federal Court. This application must be served on the other party and filed within strict timelines:

• 15 days if the decision was made in Canada.

• 60 days if the decision was made outside Canada.

If you miss these deadlines, you may lose the right to seek a review.

The Federal Court will review your application to determine if there are sufficient grounds to proceed with a full judicial review. This is known as the "leave stage." At this stage, the court will consider:

• Whether the decision was made in a manner that was unfair or unreasonable

• Whether there was a legal error in the decision-making process

• Whether the decision violates any principles of natural justice

If the court grants leave, the case will proceed to the next stage. If leave is denied, the judicial review process ends, and the original decision stands.

If leave is granted, the case will move to a full judicial review hearing. During this hearing:

• Written submissions: Both parties will submit written arguments outlining their positions.

• Oral arguments: Lawyers for both sides may present oral arguments before a judge.

The judge will review the evidence and arguments to determine if the original decision should be upheld, quashed, or sent back for reconsideration.

After the hearing, the Federal Court judge will issue a decision. The possible outcomes include:

• Upholding the original decision: The court finds that the decision was made correctly, and it remains in effect.

• Quashing the decision: The court overturns the decision, and the case may be sent back to the original decision-maker for reconsideration.

• Remitting the case: The court may remit the case back to the decision-maker with specific instructions on how to proceed.

It is important to note that the Federal Court cannot replace the original decision with a new one; it can only review the legality of the process and decision.