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LITIGATION AND APPEALS
APPEAL RIGHTS
You may be entitled to appeal rights if you are involved in the following decisions regarding immigration matters: |
- Claims denied by the Refugee Protection Division of the Immigration and Refugee Board;
- Applications are denied by a visa office of the Minister of Citizenship and Immigration Canada, such as a family class sponsorship or a skilled worker application;
- A removal order is issued by the Immigration Division of the Immigration and Refugee Board; or
- A removal order is issued by the Canada Border Services Agency, which is the enforcement branch of the Minister of Citizenship and Immigration Canada.
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The following is general information regarding the timelines applicable to the above:
Refugee Claims
A denied refugee claimant has 15 calendar days from the date of receipt of the negative decision in which to file an Application for Leave and for Judicial Review to the Federal Court of Canada. Such application asks a Judge to review the decision-making process of the Refugee Protection Division. For example, if you receive a negative decision on January 1, you have until January 16 to file an application to the Federal Court. The Federal Courts Act, Federal Courts Rules and the Federal Court Immigration and Refugee Protection Rules apply.
Family Class Sponsorship - spouse or other family members
A sponsor has 30 calendar days from the date of receipt of a denied sponsorship application in which to file a Notice of Appeal to the Immigration Appeal Division. The Immigration Appeal Division Rules apply. The process may involve an Alternate Dispute Resolution (ADR) and/or a full hearing involving direct and cross examination of all parties and the filing of evidence.
Removal Order
If one is a permanent resident of Canada, he/she has 30 days from the date of receipt of a removal order issued by the Immigration Division in which to file a Notice of Appeal to the Immigration Appeal Division. The Immigration Appeal Division Rules apply.
If one is a foreign national (which means one is not a permanent resident or citizen of Canada), he/she has 15 days from the date of receipt of a negative pre-Removal Risk Assessment (PRRA) in which to file an Application for Leave and for Judicial Review to the Federal Court of Canada. Such application asks a Judge to review the decision-making process of the PRRA officer. At the same time, the foreign national may apply to the Federal Court for a stay pending the processing of the Application for Leave and for Judicial Review. To be successful on a stay application, the applicant must meet all 3 prongs of the legal test required by the Court.
Competent Counsel
Lawyers who are members in good standing of their provincial or territorial law societies are qualified to appear in the Federal Court of Canada.
You should contact competent Canadian immigration counsel for professional advice and guidance. Qualified members of the Canadian Society of Immigration Consultants and Lawyers who are members in good standing of their provincial or territorial law societies are permitted to represent clients in Canadian immigration matters.
We are professionals who provide persuasive and powerful representation and we advocate fearlessly on behalf of our clients. If you have a problem which can only be addresses by a qualified lawyer in immigration appeals, contact us
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