Hearings, Appeals, and Judicial Reviews

Overview

Certain immigration or refugee refusals can be appealed to the Federal Court by filing an application for leave and judicial review. Others may be appealed to the Immigration and Refugee Board’s Immigration Appeal Division or the Refugee Appeal Division. Still other cases may go to a hearing at the Immigration Division. These bodies provide individuals with the option to appeal certain decisions, including some refused refugee claims, removal orders, spousal sponsorships, and other matters.

We met Daniel Kingwell at a very crucial point in our long and most difficult immigration journey. We were completely taken aback by his humility, honesty and straightforward nature. It was refreshing to work with a lawyer who would not give us false assurances, ask for money or unnecessarily delay the proceedings, after all the bad experiences we had with a previous lawyer. It is Dan’s patience and constant support as well as that of his team that has provided my family the sanity and support required through this long journey to gain permanent residency. I wish no one ever goes through the struggles that we underwent with immigration, but if you ever do. I can only recommend one thing. Go to Daniel Kingwell, the best, honest and knowledgeable immigration lawyer.

– L. Dolkar

If you have been navigating a complex or challenging immigration matter and were not satisfied with the outcome, working with a lawyer can help you determine if you have grounds to appeal. At Kingwell Immigration Law, our lawyers are focused on supporting you and will stand by you during all appeal proceedings.

Related Services

  • Federal Court

    If you have been issued a refusal on an immigration application, whether that be a visitor visa, or another type of application, the Immigration and Refugee Protection Act (IRPA) allows you to file an application for leave and judicial review within a set timeframe, following the refusal decision.

    In these situations, a judge will review your case and determine if your application should be reviewed by a new immigration officer or if the refusal should stand. It is important to note that even if your application for leave and judicial review is successful, it does not mean the application has been accepted – it will instead be reviewed by a new immigration officer, IRB Member, or other decision maker.

    Working with a lawyer can help you navigate the intricacies of the Federal Court and will ensure that your application for leave and judicial review gives you the best chance for a successful resolution and approval.

  • Immigration Appeal Division

    In many cases, you may have a special right of appeal to the Immigration Appeal Division, including for refusals of family class visas, or residency obligation or removal orders if you are a permanent resident. Kingwell Immigration Law has extensive experience with each type of appeal, and can help you understand the procedure and advance the evidence and arguments you need to succeed.

  • Immigration Division

    The Immigration Division is a tribunal that overhears and handles immigration matters pertaining to inadmissibility, detention, and removal. Clients will appear at the Immigration Division for detention review hearings, where they will be able to be represented by counsel, call witnesses, and present other evidence that indicates why they should be released from detention. The Immigration Division also holds admissibility hearings to determine if individuals are inadmissible and should be removed from Canada.

  • Refugee Appeal Division

    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.

    Working with a lawyer through this process is important; a lawyer will know your case and understand the legalities surrounding your claim and situation. They will be able to advocate on your behalf and assist you in pursuing all legal options available. 

  • Refugee Protection Division

    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. 

Why Kingwell Immigration Law

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.

Learn more about our immigration services. 

Testimonials

View more testimonials

  • Our situation wasn’t the best one to begin with. My husband had been treated unfairly, and we had an urgent situation. The previous lawyer wasn’t enough, and we needed someone who’d treat us better. My husband’s rights mattered. Unfortunately, the previous lawyer just wasn’t like that. In a wild chase, we came across Daniel Kingwell. Just as we thought all hope was lost, we had found our miracle. We set up a meeting and met each other. They learned our case and saved us. Countless meetings later, we managed to find a great price and win the first of many cases. Daniel Kingwell and his colleagues have been a huge part of our lives, and we cannot thank them enough. I truly recommend them. Appreciation and Thanks, Selma and family. 

    — Selma Shreet

  • If it were possible, I would give Kingwell Immigration Law Firm more than 100 stars! I came to this group of super fine professionals with a case that was previously denied by the IRCC. This pertains to a business case relating to Intercompany Transfer through the CUSMA ICT Start-up Program.

    Alexandra, a very meticulous and seasoned (understatement) immigration lawyer with this firm, analyzed my case and advised me accordingly. She then prepared my case and re-submitted it to the IRCC. It was approved with minimal questions asked. What intrigued me the most about her was her mastery of the law, her all-rounded deep experience with personal and business-related immigration issues, her unmatched attention to detail, her proactiveness, her super responsiveness, her ability to plan and come up with a winning strategy, and above all, how she pours her heart into her work. She called and emailed me outside of her working hours just to make sure my immigration matter was handled by IRCC with careful attention.

    I recommend Kingwell Immigration Law Firm without any reservations. Thank you, Kingwell, and thank you, Alexandra!

    — Dr. Hilary Aza

  • I was honoured to deal with this legal firm. I would like to mention Christian. this amazing lawyer treated us like people, as human beings not as a bunch of numbers. He was able to go above and beyond for us,  he gave us the right direction, from the bottom of my heart thank you so much Christian for your amazing work and for that big smile you put on my face and my partner's face as well, God bless you always.

    — Joseph R. & Adam R.

  • The best lawyer I and my husband met, Daniel Kingwell, gave us great help and comfort. Our immigration case was a complicated and hard journey, and yet it was a blessing to meet Daniel Kingwell in a time of much pain. He made thorough preparations and responses to give us legal help in our appeal. His attorney's fees were very reasonable. My family is very grateful. If you need an honest and professional immigration lawyer, I strongly recommend Daniel Kingwell. 

    — Mrs. Yoon