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;
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