Judicial Review and Appeal

In cases where your application faces refusal, our legal team is prepared to offer robust representation for Judicial Review at the Federal Court and Appeals at the Immigration Appeal Division (IAD). 

We understand that receiving a negative decision can be disheartening, but our expertise lies in meticulously analyzing your case, identifying grounds for appeal, and crafting a compelling argument to challenge the decision. Our approach is thorough and tailored, focusing on the unique aspects of your situation to ensure the best possible outcome. 

We navigate the complexities of immigration law with precision, advocating fiercely on your behalf. Whether it's procedural fairness issues, misinterpretation, or factual errors in decision-making, our goal is to ensure your case receives a fair and just reconsideration. 

Sponsorship Appeal (s. 63(1) of the IRPA) :

Right of Appeal: Canadian citizen and permanent resident. In other words, only sponsors have the right of appeal, not the applicants. 

No right of appeal if found inadmissible because of: 

• security, violating human or international rights, sanctions, serious criminality or organized criminality
• serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c) 
• misrepresentation, unless the foreign national in question is the sponsor’s spouse, common-law partner or child 

Removal order appeal (s. 63(2) and (3) of the IRPA) :

Right of Appeal: foreign national who holds a permanent resident visa or permanent resident or protected person  

No right of appeal if found inadmissible because of: 

• security, violating human or international rights, sanctions, serious criminality or organized criminality
• serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c) 
• foreign nationals without a permanent resident visa

Residency obligation appeal (s. 63(4) of the IRPA) :

A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28.

If you have received a negative decision on your immigration or visa matters, but you are not eligible to appeal, you can apply for judicial review. 

CanWise Law is here to help with the judicial review of that decision. Our team brings extensive expertise in handling judicial review applications and hearings, consistently achieving leave from the Federal Court for our clients. 

Our process at CanWise Law involves a thorough review of the decision-maker’s rationale to identify legal errors or unreasonable aspects. We craft a strong Memorandum of Argument for the Court, underpinned by relevant legislation and jurisprudence. We leverage our deep understanding of the Canadian Charter of Rights and Freedoms in immigration and refugee law to present your case compellingly.

The Judicial Review process includes a "leave" stage, where the Court assesses if there was an error or unfairness in the original decision. Successful leave leads to a detailed review and an oral hearing. We advocate for you in these hearings, aiming to overturn unfair or unreasonable decisions.

For assistance with your judicial review process and application, contact CanWise Law to speak with our skilled immigration lawyers.