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Federal Court

Refusals of many type of Immigration applications may only be appealed to the Federal Court.  These include:

  • Any refusal of an application for a temporary visa;
  • Any refusal of an application for permanent residence, except for some family sponsorships;
  • Some refusals of refugee claims;
  • Any refusal of a citizenship application;

WARNING!

The time for starting an appeal to the Federal Court is very short.  You must start an appeal very quickly after you learn that your application has been refused.

These appeals are exceedingly complex and time-consuming.  Strictly speaking an appeal to the Federal Court is not a true appeal, it is an application for leave and for judicial review.  The rules surrounding judicial reviews are complicated and the Court only has the power to set aside a decision.  It cannot substitute the first decision with its own decision.

In some cases, a person will also need to bring an application for a stay to the Federal Court.  This is a request for an order to Immigration and the Canada Border Services Agency not to remove a person from Canada while they have an ongoing appeal to the Federal Court.

Only a licenced lawyer is permitted to help you with an appeal to the Federal Court.

 

We have over 50 years of experience in representing clients from over 70 countries.  We have an excellent reputation at the Board, and are certified as Immigration Specialists by The Law Society of Upper Canada.  Our success is as a result of thorough preparation for each case


Lawyers

Robert W. Young Certified Immigration Specialist Robert W. Young offers a full range of Canadian immigration law services extending from company transfers to Immigration hearings.

905-527-7981

Howard P. Eisenberg Certified Immigration Specialist Howard P. Eisenberg has specialized in Immigration Law since 1989.

905-527-7981

Recent News

Immigration Law in Canada is constantly changing. Stay up to date with the most recent news pertaining to Citizenship and Immigration Canada laws and regulations.

Sep 13, 2019
Update on In-Canada Refugee Processing

  From time to time the Refugee Protection Division of the Immigration and Refugee Board publishes statistics on the progress of claims through i...

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Aug 9, 2019
We Are Growing!

We are pleased to announce that Daniela Dobrota has joined Eisenberg & Young LLP as an associate lawyer. Daniela received a Bachelor of Law and a ...

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Jul 4, 2019
Reduced Eligibility to Make Refugee Claims and the End of the Caregiver Program

  Back in March, 2019 we reported on changes to what used to be called the "Live-In Caregiver Program". On June 18, 2019 these programs essential...

Read More