In the context of appealing an immigration refusal or a Skilled Worker Appeal, the Federal Court has the ultimate power to ensure decisions made by immigration officials or tribunals comply with the law and regulations. As an example, if your immigration application has been refused by a visa officer, its appeal goes to the Federal Court (like a skilled worker appeal). However, if your application involved sponsorship of a family member, its appeal would go the Immigration Appeal Division. Other examples, where the appeal has to be made to Federal Court, include refusals of In-Canada sponsorship application, business (Investor, Entrepreneur) class refusals, Humanitarian refusals, student visa or work permit refusals. Under the new system, appeals of failed refugee cases msut be made to Refugee appeal division of IRB. The appeal forms may be obtained from the IRB website or from the Federal Court Registrar. You must, however, pay particular attention to the applicable deadlines and the procedural rules.
The Federal Court also hears PRRA appeals and citizenship appeals. The recent crackdown on fraudulent citizenship applications makes this very relevant in the coming months. Also within the Federal Court's jurisdiction, and until the implementation of the new system, are appeals from refused refugee claims.
In virtually all cases, the refusing officer issues a rejection or refusal decision, in which s/he explains the reasons for refusal. It is very important to remember that:
Immigration Appeal Procedure
Upon initiating your immigration appeal, you are given 30 days within which you must gather all the available evidence, swear an affidavit, and make written legal submissions explaining why the visa officer is wrong. The legal arguments and the evidence in support of your immigration appeal are then filed with the Registrar of Federal Court and also given to the lawyer representing immigration authorities.
The Government’s lawyer is then given 30 days to file responding arguments and evidence against your immigration appeal, defending the refusal decision. All written material are forwarded to a judge of the Federal Court who will examine the refusal decision and looks at the strength of each side’s arguments and evidence.
If the judge feels your case is strong, s/he will then permit the lawyers to attend for a hearing of your immigration appeal to present oral arguments. If the judge agrees with your lawyer, s/he can quash the immigration officer’s original decision.
Appeal Family Class or Refugee Refusal
The Federal Court also hears appeals from decisions made by the Immigration Appeal Division or the Refugee Protection Division. These typically include spousal sponsorship applicants whose appeal to the Immigration Appeal Division has been rejected or dismissed. They may also include permanent residents facing deportation whose appeal to the IAD on “residency obligation” or “inadmissibility” has been rejected by the IAD. Stated more simply, a person whose appeal to the IAD has been rejected may, depending on the circumstances, choose to bring a further appeal to the Federal Court.
Another class of people who can appeal their case directly (pending the coming into force of the Refugee Appeal Division) to the Federal Court are failed refugee claimants who are subject to removal order or deportation.
It should also be noted that there are certain decisions of the Immigration Division the appeal from which goes directly to the Federal Court. Most common among these are decisions of the Immigration Division on detention reviews when the member of the ID decides not to release an individual from detention in Rexdale Centre.
The brief summary on this page shows that in all circumstances, an immigration appeal is subject to complicated legal and evidentiary laws. Given the complexities and the time limits on immigration appeals, persons contemplating appealing an immigration refusal are well advised to seek the advice of an experienced lawyer as soon as possible.
To obtain further information and to take advantage of our free half hour initial consultation, please contact our office (416) 365-9473 begin_of_the_skype_highlighting (416) 365-9473 end_of_the_skype_highlighting.
Still have questions? Please contact us anytime! We look forward to hearing from you.
We regularly appear before the Federal Court in appealing visa refusals and other decisions made by Canadian immigration officials.
We aggressively protect our clients' legal rights and fight unjust decisions.
For further information regarding appeals of Canadian immigration refusals visit the Canadian Immigration Rejection section of our website.