Canadian immigration law offers several ways to challenge a refusal, including appeals through Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board (IRB).
Receiving a negative decision—whether it’s a visa refusal, removal order, or rejected sponsorship—can feel like the end of the road. But in many cases, it’s not final.
⚠️ Without timely action, a refusal could lead to prolonged family separation, missed career opportunities, or even removal from Canada.
Our judicial review immigration lawyer has successfully represented clients before the Immigration Appeal Division and Federal Court to challenge unfair decisions.
Not all immigration decisions qualify for the same type of appeal. Understanding which route is available for your particular situation is the first critical step in the process.
| Decision Type | Can it be Appealed? | Appeal Body |
|---|---|---|
| Family sponsorship refusal | ✅ Yes | Immigration Appeal Division (IAD) |
| PR loss due to residency non-compliance | ✅ Yes | IAD |
| Removal order against a PR | ✅ Yes | IAD |
| Temporary Resident Visa (TRV) refusal | ❌ Not directly | Judicial Review (Federal Court) |
| Work permit refusal | ❌ Not directly | Judicial Review (Federal Court) |
| Refugee claim refusal | ✅ Yes (limited) | Refugee Appeal Division or Federal Court |
| Humanitarian & compassionate refusal | ❌ Not directly | Judicial Review |
💡 Not all immigration decisions are appealable. Knowing your options early is essential to protect your rights.
The following legal bodies hear immigration appeals in Canada:
The IAD is part of the Immigration and Refugee Board and handles several types of appeals:
One of the key advantages of IAD appeals is that they can consider humanitarian and compassionate (H&C) factors beyond strict legal requirements. This means the IAD can overturn a technically correct decision if it would cause undue hardship.
Additional reading: how to appeal for canada visitor visa refusal
The RAD reviews decisions made by the Refugee Protection Division (RPD) regarding rejected refugee claims. However, not all refugee claimants have access to the RAD—certain claims are excluded by law.
For most temporary visa refusals and many other immigration decisions, the only recourse is judicial review at the Federal Court. This is not technically an appeal but rather a review of whether the decision was made fairly and legally.
The Federal Court does not grant visas or permanent residence directly. If successful, the Court sends the case back to IRCC for reconsideration by a different officer.
⚖️ The Federal Court ensures decisions comply with law—not fairness alone.
Case scenario: A Nigeriain immigrant needed help appealing a Temporary Resident Visa refusal through judicial review. The visa officer had erroneously concluded that our client lacked sufficient ties to their home country despite substantial evidence to the contrary. The Federal Court judge found the officer’s decision unreasonable, and the case was sent back to IRCC for redetermination, ultimately resulting in visa approval.
Appeal deadlines in immigration matters are strict and unforgiving. Missing a deadline often means permanently losing your right to appeal.
| Type of Appeal | Deadline to File |
|---|---|
| IAD appeal (removal order in Canada) | 30 days from decision |
| IAD appeal (outside Canada) | 60 days |
| Judicial Review (inside Canada) | 15 days |
| Judicial Review (outside Canada) | 60 days |
📌You can find filing deadlines and required documents in the Federal Court’s official checklist for immigration judicial reviews.
Deadlines move fast—missing one could end your appeal rights. Call us for a fast response when time is critical
Most temporary resident visa (TRV) and work or study permit refusals cannot be appealed to the Immigration Appeal Division. Instead, applicants need to pursue judicial review at the Federal Court of Canada.
Our lawyers assist with every stage of the judicial review process, including:
💡 Judicial Review is not a full retrial—it’s a challenge to how the decision was made.
The Federal Court will not substitute its own decision for that of the visa officer. The Court only determines if the decision was made reasonably and in accordance with the law. If it finds issues with the process, it will typically order IRCC to reconsider the application with a different officer.
Unlike appeals to the IAD, many judicial review cases are decided without an oral hearing. The Court often relies entirely on written submissions from both sides, which makes the quality of your materials—and your legal representation—especially important.
Like TRV refusals, work permit refusals must be challenged through judicial review at the Federal Court rather than through the IAD. The process follows the same general framework as other judicial reviews, with a focus on identifying legal or procedural errors in the original decision.
⚠️ You only have 15 days (if inside Canada) or 60 days (if outside Canada) to file for judicial review after a refusal. Acting quickly is critical to protect your rights.
Common grounds for judicial review of work permit refusals include:
Case scenario: A skilled worker from Brazil was denied a work permit due to supposedly weak job offer documentation. Through a Global Case Management System (GCMS) notes request, it was discovered that the officer had overlooked key qualifications in the employer’s letter. A judicial review was filed, and the case was sent back to IRCC, resulting in an approved work permit on reconsideration.
A refusal doesn’t have to be the end of your immigration journey. Book a consultation to speak with a lawyer who will take the time to understand your case and fight for your future in Canada.
The appeal process differs depending on whether you’re appealing to the IAD or seeking judicial review at the Federal Court. Our lawyers support clients throughout both processes, ensuring deadlines are met, strong arguments are made, and your rights are protected.
Ready to appeal your immigration decision? Schedule a consultation with our team to get started.
Immigration appeals and judicial reviews involve complex legal procedures, strict deadlines, and specific evidentiary requirements. While it’s possible to represent yourself, the consequences of an unsuccessful appeal can be severe and often permanent.
Our specialized immigration lawyer will:
For Federal Court proceedings, while self-representation is technically allowed, the complex nature of administrative law makes professional representation highly advisable. At the IAD, though representation is optional, success often depends on presenting well-structured legal and humanitarian arguments.
Several key laws and policies govern the immigration appeal process in Canada:
These frameworks are administered by various bodies:
💡 Understanding the legal rules behind your case is critical to success but is something we handle on your behalf.
Immigration appeal deadlines are unforgiving, and building a strong case takes time. Don’t wait until it’s too late to get our help.
We don’t just focus on the legal details, we are positioned to provide you with the clarity, innovative solutions, and support you need — we take the time to understand your goals and what matters most to you.
Our experienced judicial review immigration lawyer will assess your case and develop a tailored appeal strategy to protect your rights in Canada. Call us or contact us online to get started
Yes, you can appeal certain immigration decisions from outside Canada. Family sponsorship refusals can be appealed to the IAD within 60 days, while most temporary visa refusals require judicial review applications within 60 days. Distance doesn’t eliminate your right to appeal, but it may affect how you participate in hearings.
The immigration appeal process typically takes 6-18 months, depending on the type of appeal and current backlogs. IAD appeals usually take 12-18 months from filing to decision, while Federal Court judicial reviews may conclude in 6-12 months. Complex cases or those requiring multiple hearings can take longer.
It depends on your status and the type of appeal. Permanent residents appealing removal orders usually retain status during their appeal. For judicial reviews, you must apply separately for a stay of removal if facing deportation. Visa applicants outside Canada must generally remain outside during appeals.
If your appeal is denied, options include seeking leave to appeal to the Federal Court of Appeal (for IAD decisions), applying for a Pre-Removal Risk Assessment if facing removal, submitting a new application addressing the previous refusal reasons, or exploring alternative immigration pathways like humanitarian and compassionate applications.
Immigration appeal costs vary widely based on complexity and forum. IAD appeals typically cost $3,000-$7,000 in legal fees, while Federal Court judicial reviews range from $7,000-$15,000. Additional expenses include filing fees ($50-$550), document translation, expert reports, and potential disbursements for complex cases.
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