Q: How do I appeal an immigration refusal decision in Canada?
A: Depending on the type of decision, you may be able to request a judicial review before the Federal Court. Decisions like temporary visa refusals (visitor and study), inadmissibility, and humanitarian and compassionate cases can be challenged to the Federal Court.
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Q: Can I appeal a refused visitor visa, student visa, or work permit?
A: Yes. These refusals can be challenged through judicial review in Federal Court. Since most refusals include only a standard decision letter and do not include a copy of the officer’s detailed reasons for the refusal, we recommended as a first step that we obtain the visa officer's written reasons to determine the strength of your case.
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Q: What should I do if I don't know why my visa was refused?
A: You can request the visa officer’s written reasons by filing a Federal Court application or submitting an Access to Information request.
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Q: How do I appeal a spousal sponsorship refusal?
A: If the refusal was from outside Canada, most sponsors have the right to appeal to the Immigration Appeal Division (IAD). Inland sponsorship refusals must be challenged in Federal Court. You should seek a legal consultation to understand if you have the right to appeal, and what is the appropriate forum.
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Q: What is the benefit if I have the right to appeal to the Immigration Appeal Division (IAD)?
A: The IAD allows you to submit new documents to prove your spousal relationship is genuine and was not entered into for the purposes of gaining status in Canada.
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Q: How long does it take to obtain a decision from the Immigration Appeal Division (IAD) in Canada?
A: Some cases are streamlined into the Alternative Dispute Resolution (ADR) process which may be resolved within 6 months. Other cases are scheduled for a hearing date which on average is scheduled within 8-12 months. After the hearing, a decision may be made orally or sent in writing within 6–8 weeks.
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Q: What is the ADR process before the Immigration Appeal Division (IAD)?
A: ADR (Alternative Dispute Resolution) is a way to resolve cases early and involves a meeting with your lawyer, the Minister’s counsel, and an IAD Early Resolution Officer. The IAD may recommend this option, or your lawyer can request it with proper justification.
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Q: Can I appeal a rejected refugee claim in Canada?
A: Yes, many refused refugee claimants have the appeal to the Refugee Appeal Division (RAD). If denied, the RAD decision can be reviewed in Federal Court. If a refused claimant is ineligible to proceed to the RAD, they can challenge the decision to the Federal Court.
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Q: What is the deadline to appeal a refusal decision from the Refugee Protection Division (RPD) in Canada?
A: You have 15 days to file a Notice of Appeal and 45 days to submit your full appeal record to the RAD.
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Q: What happens if I miss the deadline to appeal a refugee claim?
A: You must file a request for an extension of time along with the missed documents, explaining the reason for the delay. You should seek a legal consultation to understand what to include with an extension of time request.
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Q: How long does a refugee appeal before the Refugee Appeal Division (RAD) take in Canada?
A: Most appeals are resolved within 3 to 6 months after filing your appeal record with the RAD.
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Q: What decisions can the RAD make on a refugee appeal?
A: The RAD can allow your appeal and grant you protection in Canada, dismiss your appeal, or send your case back to the RPD for a new hearing.
