Hearings, Appeals, and Judicial Reviews.

Home Services Hearings, Appeals, and Judicial Reviews

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.

Overview

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.

Related Services

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.

Why Kingwell Immigration Law

Testimonials.

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.

Sophia P

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!

Zhaomin Jeff

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.

Awais Rehman

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.

VNN

News and Insights.

Kingwell Immigration Law Welcomes Catherine Castanos to the Firm

June 14, 2024

Kingwell Immigration Law Welcomes Sam Zimmerman to the Firm

May 13, 2024

Daniel Kingwell speaking at CBA Immigration Law Conference May 9-11th

May 6, 2024

Kingwell Immigration Law Launches New Website

April 29, 2024

Kingwell Immigration Law Welcomes Thura Al-Windawi to the Firm

April 26, 2024

Kingwell Immigration Law Welcomes Alexandra Callinan to the Firm

April 8, 2024

Past Cases.

A study permit applicant from Iran has application reconsidered by IRCC after an appeal to the Federal Court.

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.

M.M. v Minister of Citizenship and Immigration (2022 FC 1098)

Refugee Protection Division ordered to redetermine refugee claim from Albania because of wrongful criminal conviction.

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.

Doresi v Minister of Public Safety and Emergency Preparedness (2022 FC 1300)

Study Permit application from Albania reconsidered by IRCC after appeals to the Federal Court.

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.

D.G. v Minister of Citizenship and Immigration (2021 FC 1468)

Conjugal partner PR application rejected by IAD returned to IRCC for processing after appeal to the Federal Court.

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.

A.H. v Minister of Citizenship and Immigration (2020 FC 530)

PRRA applicant wins appeal to Federal Court after IRCC rejected her application.

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.