Judicial Review & Appeals

About the Immigration Appeal Division (IAD)

The Immigration Appeal Division (IAD) is an independent administrative tribunal responsible for deciding appeals on specific immigration matters, such as sponsorship refusals, removal orders, and residency obligation determinations. The IAD carefully listens to each person's story, reviews all the details, and makes decisions based on a thorough and compassionate understanding of their situation.

Types of Appeals Handled by the IAD

Sponsorship Appeals

When a family member's application to move to Canada is turned down—such as in cases of outland spousal sponsorships—the IAD gives families a chance to appeal the decision. The IAD carefully looks at why the application was refused and listens to the story behind each case. If they find that a mistake was made, or if there are exceptional circumstances—such as family hardship or compassionate reasons, they may decide to allow the sponsorship to proceed.

Residency Obligation Appeals

Sometimes, permanent residents are informed that they haven't met the requirements to maintain their status in Canada. If this happens, they can turn to the IAD for help. IAD reviews their situation, listens to their reasons, and considers any supporting evidence. If the IAD finds the explanation satisfactory, they may decide to allow the person to retain their residency status.

Sponsorship Appeals: How It Works

If your sponsorship application is turned down, you have 30 days to appeal. The IAD will review your case and decide whether to accept it. If they accept your appeal, your file moves forward for another review. If they don't, you still have the right to take your case to the Federal Court.

Sponsorship appeal in Canada

Here is the main procedure for sponsorship appeals in Canada:

• A refusal letter arrives from IRCC, notifying us that the sponsorship application was denied.
• There's a 30-day window from the date on that letter to request an appeal.
• The appeal must be sent to the Immigration Appeal Division (IAD).
• The IAD then decides whether to accept the case for further review.
• If the appeal is accepted, the case is returned to IRCC for another look.
• If the appeal is refused, the applicant can request the Federal Court to review the decision, provided this is done within 15 days of receiving the IAD's written decision.

Steps to Appeal a Residency Decision in Canada

• A decision letter arrives from IRCC, stating that the residency obligation has not been met.
• There is a 60-day period from the date on that letter to request a review and appeal.
• Once the appeal is received, a hearing is scheduled before a member of the Immigration Appeal Division (IAD).
• The IAD will decide whether to allow or dismiss the appeal.
• If the appeal is allowed, permanent resident status is restored.
• If the appeal is dismissed, permanent resident status is revoked, and a removal order is issued.

How Does the Federal Court Handle an Immigration Appeal?

An appeal of an immigration decision to the Federal Court is referred to as an 'application for leave and judicial review.'

• The first stage, 'leave,' involves the court reviewing written arguments and evidence from both the appellant's lawyer and the Department of Justice lawyers.
• The appellant's lawyer files a notice of appeal with the court within 15 days (for domestic decisions) or 60 days (for overseas decisions) after the decision is received.
• Within 30 days of filing the notice, the appellant's lawyer submits an application record with supporting arguments and evidence.
• The Department of Justice has 30 days to file a written reply.
• The appellant's lawyer has 10 days after that to file a further written reply.
• Many cases are settled at this stage; otherwise, the court decides whether to grant or deny leave, usually within four to six months.
• If leave is denied, no further appeal is possible.
• If leave is granted, a judicial review hearing is scheduled within three months, and both sides may submit additional arguments or evidence.

Judicial Review Procedure

The Federal Court conducts judicial review proceedings. The appellant does not need to provide oral testimony during the hearing because they have already submitted all vital evidence with the application record.

The public, including the appellant, their relatives, and acquaintances, may watch the proceedings from the public gallery.

The judge does not usually give a decision during the hearing. Instead, the judge sends a written copy of the judgment to the appellant's lawyer, which may take one or two months. In rare situations, the judge may announce the decision right away at the hearing.

When the judge decides in favour of the appellant, the case goes to a different decision maker for reconsideration.

A decision made against the appellant may be taken to the Federal Court of Appeal, provided the judge agrees that the issue is significant and could have a wider impact. The Department of Justice also has the right to appeal to the Federal Court of Appeal if a ruling goes against them. Even after review, the new decision‑maker may still refuse the case. If that occurs, the appellant has the option to appeal the decision once more.

At ImmiLaw Immigration, we work to protect your rights and give you the strongest possible chance of success when challenging a refusal.

Feel free to contact us for your queries regarding Canadian judicial review and appeals