Canadian Immigration Application Refused – Federal Court Appeals
Application for leave and judicial review refers to an appeal of an immigration decision made to the Federal Court of Canada.
Stages of An Immigration Appeal Process:
Step 1: Leave
- This step includes the consideration of your appeal and all supporting arguments and evidence. The representation is done by your lawyer and the lawyers representing the Department of Justice, Immigration Department.
- A notice is filed to the court informing them of the decision being appealed. This notice has to be filed within 15 days of an inland decision and 60 days for an overseas decision. In some instances, an extension may be allowed.
- An application record has to be filed within 30 days to support the reasons and evidence on your behalf by your lawyer. 30 days are given to the Department of Justice to reply to this evidence. This is followed by a further 10 days allowed you to reply.
- Few cases are settled at this stage. The remaining ones go on to Court, who then grants or denies the ‘Leave’. For ‘leave denied’ cases, no more appeal is allowed. For the ‘leave granted’ cases, a ‘judicial review hearing’ is scheduled in the next three months.
- Few cases have cross-examinations outside the court too.
Step 2: Judicial Review Hearing
- The Court analyses the previously submitted documents and evidence and no new testimony is taken at this review hearing.
- After the lawyers of both sides, make their representations, the judge usually ‘reserves’ their decision. ‘Reserve’ decisions are those whose copies are sent to lawyers directly and not declared in the Court.
- In case of an unfavourable decision, you can appeal to the Federal Court of Appeal. The Department of Justice can also do the same. Rare appeal cases can even reach the Supreme Court of Canada.
Do note that the proceedings of the federal court are available to the public and the media. You will need to request confidentiality of information to keep all proceedings information private.
We can Help
The specialized immigration lawyers at Nanda & Associate Lawyers will assist you in making your immigration appeal case strong. We will impart sound legal advice to help you on the path to a better and safer future for you and your family.