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Immigration Law

Appeals & Refusals

Challenging a refusal through the Immigration Appeal Division, the Federal Court or a fresh application.

A refusal letter feels final. Often it is not. The options depend on what was refused, where the application was decided and why.

Some decisions can be appealed to the Immigration Appeal Division, which can hear the case afresh. Examples include many refused family class sponsorships, certain removal orders and residency obligation decisions for permanent residents. Other decisions can only be challenged by asking the Federal Court for judicial review, which examines whether the decision was reasonable and fair rather than rehearing the whole case.

The deadlines are short. An application for leave and judicial review generally must be filed within 15 days of a decision made in Canada, or 60 days of one made outside Canada. Appeals to the Immigration Appeal Division have their own strict limits. Read the refusal carefully and get advice quickly.

What we help with

  • Reviewing refusal letters and obtaining the officer’s notes
  • Sponsorship appeals to the Immigration Appeal Division
  • Residency obligation appeals for permanent residents
  • Deciding whether an appeal, a judicial review or a new application is the better route

How it usually works

  1. 01

    Get the reasons

    We request the officer’s notes, which often explain the refusal in much more detail than the letter.

  2. 02

    Choose the route

    An appeal, judicial review or new application each has different costs, timelines and prospects.

  3. 03

    Meet the deadline

    We file what is needed before the time limit expires and build the case from there.

Related services

Questions

Common questions about appeals & refusals

Is it better to appeal or reapply?

It depends on why you were refused. If the problem was missing evidence, a new, stronger application may be faster. If the officer made an error or the process was unfair, a legal challenge may be the right step. Sometimes both are pursued together.

Can I stay in Canada while a judicial review is pending?

Not automatically. Filing for judicial review does not in itself stop a removal in every case. If a removal date has been set, a separate request to delay it may be needed.

Book a consultation

Tell us what has happened. We will tell you where you stand.

The first consultation is free, at our Surrey office. Evenings and Saturdays by appointment.

Call 604-712-4477
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