If your immigration or refugee application has been refused, you may have the right to appeal or seek a judicial review.
At Kingwell Immigration Law, we understand that an immigration refusal can be stressful and life-altering, which is why we provide strategic legal representation to help you challenge unfair decisions.
Our Toronto judicial review lawyer for immigration appeal is focused on supporting you and will stand by you during all appeal proceedings.
– L. Dolkar
Depending on the type of refusal, you may be able to:
✔️ File for judicial review at the Federal Court of Canada.
✔️ Appeal to the Immigration Appeal Division (IAD) for family sponsorships, residency obligations, or removal orders.
✔️ Challenge an inadmissibility ruling at the Immigration Division (ID).
✔️ Appeal a refugee claim refusal at the Refugee Appeal Division (RAD).
If your visa, work permit, study permit, PR application, or refugee claim has been refused, you may request a judicial review at the Federal Court of Canada.
✅ Who can apply for judicial review?
How does the process work?
📞 Need urgent legal assistance? Our Toronto immigration lawyer will review your refusal and act within the required deadlines to give you the best chance of success.
The Immigration Appeal Division (IAD) allows certain applicants to challenge a refusal or removal order, including:
✔️ Family sponsorship refusals (spouses, parents, children).
✔️ Permanent residents facing removal due to inadmissibility.
✔️ Residency obligation appeals for PRs who didn’t meet the 730-day rule.
🛑 Deadlines are critical! You only have 30 days to file an IAD appeal after receiving a refusal notice.
If you’ve been detained by Canada Border Services Agency (CBSA) or deemed inadmissible, you will need to appear before the Immigration Division (ID) for:
If you had a claim heard before the Refugee Protection Division (RPD) and are not satisfied with the result, you may have the option to appeal the refusal to the Refugee Appeal Division (RAD).
The RAD can uphold the Refugee Protection Division’s decision, remit the claims back to the RPD for a new hearing, or grant refugee protection. In very rare cases, an oral hearing will be held.
What happens during a RAD appeal?
✔️ The RAD reviews the original decision to determine if it was reasonable.
✔️ The RAD may approve the claim, send it back for a new hearing, or uphold the refusal.
✔️ In rare cases, an oral hearing may be required.
Working with our judicial review immigration lawyer through this process is important; we get to know your case and understand the legalities surrounding your claim and situation.
We will advocate on your behalf and assist you in pursuing all legal options available.
If you are facing danger in your home country and wish to file a refugee claim in Canada, your first step is to initiate the refugee claim with Immigration, Refugees and Citizenship Canada.
If your claim is found to be eligible, it will be referred to the Refugee Protection Division, which hears claims for refugee protection and makes decisions based on the categories of Convention refugees and persons in need of protection under the Immigration and Refugee Protection Act.
It was my pleasure to work with Mr. Sam Zimmerman to complete my appeal process. During the process, Mr. Sam Zimmerman demonstrated his excellent professionalism, dedication, commitment, and expertise. He won my trust totally in a very short period of time. As a result, my appeal was allowed. I highly recommend Mr. Sam Zimmerman to anyone who need help with immigration issues.
We can’t thank Mr. Sam Zimmerman enough for his outstanding support throughout my wife’s Canada visit visa application appeal journey. Sam has an amazing ability to predict how things will pan out, because of his excellent professionalism, commitment, and a wealth of experience. Sam was exceptionally helpful during my wife’s application appeal process. He was always there to answer our questions, keep us updated, and ease any concerns we had. Thank you so much for everything you’ve done for us, Sam!
I have a great experience with this firm and their team is very supportive and well trained. They are the one of the best law firm in Toronto and i am lucky enough to have them on board for my family visa case. Sam Zimmerman pursued my family case and i am impressed from his knowledge and skills our the law case. I definitely recommend this firm.
Before I hired the firm, I was so frustrated with my IRB case. I had to stay for 1yr without a work permit because my work permit was delivered to a wrong address … after I hired the firm, I got my work permit within 3 weeks. My lawyer, Mr. Christian Julien was so committed, patient, efficient and dedicated to my case. He made my story more detailed and elaborate. He even found more than 200 pages of evidence online that I didn’t know existed. He literally left no stone unturned. In the end, I won my case nicely. I really do recommend this firm for anyone who is struggling with their immigration case.
Kingwell Immigration Law employs lawyers with abundant experience representing clients at the Federal Court, Immigration Division, Immigration Appeal Division, Refugee Protection Division, and the Refugee Appeal Division. Immigration matters can be challenging; they often come with tight deadlines, require numerous applications, and can be emotionally tense.
Kingwell Immigration Law offers practical solutions and dedicated service – no matter is too challenging or difficult, and we do not give up when one avenue doesn’t achieve our clients’ goals. We work with our clients throughout the entire immigration process, helping them take the steps necessary to create a future in Canada.
Hypothetical Case Study: Work Permit Refusal Due to Misrepresentation
Meena, a skilled worker from India, applied for a work permit under the Global Talent Stream. She was refused because IRCC alleged she misrepresented her work experience. She had previously applied for a visitor visa and listed a different job title.
📌 Legal Steps Taken:
💡 Outcome: Meena’s work permit was approved after reconsideration, allowing her to begin work in Canada.
Facing a similar issue? Contact us for legal help today.
Study permit applicant from Iran. IRCC rejected her application finding that her study plan was not logical in light of her education history. We successfully appealed to the Federal Court, arguing that the reasons were insufficient to justify the decision, and the application was sent back to IRCC for reconsideration.
Refugee claimant from Albania. For a decade, he fought his case with the Minister at the Refugee Protection Division, who argued that he should be excluded from protection because of a criminal conviction. We successfully appealed the decision to the Federal Court on the basis that he was wrongfully convicted in his absence, and the RPD was ordered to redetermine his claim.
Citizen from Albania applying for a study permit. IRCC rejected it, stating that her study plan was not reasonable given her education history. She requested reconsideration which IRCC also rejected. We appealed both decisions to the Federal Court and overturned the rejection, the Court agreeing that the officer had ignored her explanation that the course of studies was more specialized than her previous education and necessary for her career advancement. IRCC was required to reconsider her study permit application.
Overseas sponsorship of conjugal partner from Saudi Arabia. IRCC refused the application on the basis that they did not meet the requirements of conjugal partnership, and the Immigration Appeal Division rejected their appeal. We represented them on appeal to the Federal Court, and the judge overturned the decision, agreeing that the officer and IAD had improperly considered their individual and relationship histories. Their PR application was returned to IRCC for processing.
Pre-Removal Risk Assessment applicant. She claimed to be threatened in Nigeria due to her LGBT identity. IRCC rejected her application, rejecting her evidence. We appealed the decision to the Federal Court, and the Court overturned the decision, finding that the officer had failed to consider important evidence of threats to her from her husband, and had also failed to hold a PRRA interview. Her application was returned for review.
If your immigration application has been refused or you’re facing a removal order, you may still have options. At Kingwell Immigration Law, we have successfully represented clients in Federal Court judicial reviews, Immigration Appeal Division hearings, and refugee appeals, helping them overturn unfair decisions and secure their future in Canada.
Deadlines for appeals and judicial reviews are strict—you may have as little as 15 days to take legal action. The sooner you act, the better your chances of success.
Why choose us?
✔️ Experienced in complex immigration appeals & judicial reviews
✔️ Strategic legal representation to challenge refusals & removal orders
✔️ Proven success in overturning unfair immigration decisions
✔️ Personalized guidance through every stage of the appeal process
Don’t let an immigration refusal be the end of your journey. Contact us today to schedule a consultation and explore your legal options.
Our mission is to deliver exceptional legal support throughout Canada, with a particular emphasis on serving clients in the following locations:
No. Some refusals, like temporary visa denials, cannot be appealed but may qualify for a judicial review at the Federal Court. Other refusals, such as family sponsorship denials or removal orders, can be appealed to the IAD.
It depends. Some removal orders can be stayed (paused) while an appeal is in process. If your appeal is denied, you may need to request a Pre-Removal Risk Assessment (PRRA) or apply for a Temporary Resident Permit (TRP) to remain in Canada legally.
Legal costs depend on the complexity of your case. Factors include:
Contact us for a consultation to discuss fees and payment options.
Every case is different. Success depends on:
✔️ Whether the original decision was unreasonable or unfair.
✔️ If there was a legal error in the immigration officer’s decision.
✔️ Whether new evidence is available that wasn’t previously considered.
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